Findings - PZ - 2013 - A-02-13/RZ-03-13/PP-03-13 - Rz From Rut To R3-Da/36-Lot/12.7 Acre/3377/3395 W. Floating Feather Rd BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION/REZONE WITH )
A DEVELOPMENT AGREEMENT )
AND PRELIMINARY PLAT FOR CREEK )
WATER SUBDIVISION FOR JOHN WOOD )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-02-13/RZ-03-13 & PP-03-13
The above-entitled annexation, rezone with a development agreement, and preliminary plat applications
came before the Eagle Planning and Zoning Commission for their recommendation on September 3, 2013,
at which time public testimony was taken and the public hearing was closed. The Eagle Planning and
Zoning Commission, having heard and taken oral and written testimony, and having duly considered the
matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
John Wood, represented by Greg Hall with Hall Capital, LLC, is requesting an annexation
and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-3-DA
(Residential — up to three (3) units per acre with a development agreement) and
preliminary plat approval for Creek Water Subdivision, a 36-lot(30-buildable, 6-common)
residential subdivision. The 12.7-acre site is generally located on the south side of West
Floating Feather Road approximately 1/4 mile east of Park Lane at 3377 and 3395 W.
Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held from 6:00PM to 7:00PM, Tuesday May 7, 2013, on
site in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on May 30, 2013.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on August 19, 2013. 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 August 15, 2013. The site was posted in accordance with the Eagle City Code on
August 19, 2013. Requests for agencies' reviews were transmitted on June 11, 2013, in
accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
Prior applications for an annexation, rezone with development agreement, and a
preliminary plat for Gray Eagle Subdivision were submitted for a development on the
subject property. On July 5, 2006, the Planning and Zoning Commission held a public
hearing and recommended approval of the submitted applications (A-06-06/RZ-06-06/PP-
06-06).
On January 16, 2007, the City Council remanded the applications to staff for Gray Eagle
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Subdivision (A-06-06/RZ-06-06/PP-06-06).
E. COMPANION APPLICATIONS:
Lot Line Adjustment to adjust the original lot line separating 3395 from 3577 West
Floating Feather Road(LLA-02-13).
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See attached applicant's justification letter, date stamped by the City on May 30, 2013.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential(3 RUT(Rural Urban Transition- Single family dwellings &
units per acre maximum)- Ada County Designation) pasture
Park Lane Planning Area
Proposed No Change R-3-DA-(Residential Single family residential
maximum three units/acre with development
a development agreement)
North of site Residential Two(up to R-E(Residential Estates—up Single family residential
two units/acre) to one unit per two acres) subdivision(Cavallo
Subdivision)
South of site Transitional Residential (3 RUT (Rural Urban Transition- Agricultural land
units per acre maximum)- Ada County Designation)
Park Lane Planning Area
East of site Transitional Residential(3 RUT (Rural Urban Transition- Agricultural land
units per acre maximum)- Ada County Designation)
Park Lane Planning Area
West of site Residential One A-R-DA(Agricultural- Abundant Life Baptist
Residential with a Church and a single family
development agreement) home
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA, or DSDA.
SITE DATA:
Total Acreage of Site— 12.7-Acres
Total Number of Lots—36 (One(1)parcel to be located outside of subdivision)
Residential—30
Common—6
Total Number of Units -30
New Single-family-30
Existing— 1 (located outside of subdivision)
Total Acreage of Any Out-Parcels—0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.36-units per acre Less than three(3)units per
acre
Minimum Lot Size 10,067-square feet 10,000-square feet
Minimum Lot Width 85-feet 75-feet
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area 2.65-acres 2.29-acres (minimum)
Percent of Site as Common Area 20.8% 18% (minimum)
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
As required by Eagle City Code Section 8-2A-7(J)(4)(b), the applicant proposes to construct a
50-foot wide buffer within a common lot located adjacent to West Floating Feather Road. All
berming, fencing and landscaping details, including any proposed pump houses for
pressurized irrigation, require Design Review Board review and approval prior to submittal of
a final plat.
Open Space:
The applicant is proposing a total of 2.65-acres (20.8%)of common area. The preliminary
plat, date stamped by the City on May 30, 2013, shows one(1) of the common lots (Lot 9,
Block 1)containing a proposed irrigation pond,irrigation pump house, and dome chambers
(storm drainage infrastructure).
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 requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no)—Yes
The existing homes located at 3395 and 3577 West Floating Feather Road are both served
by on-site septic systems. The applicant will be required to obtain the proper permits from
the Central District Health Department and abandon the septic system located at 3395
West Floating Feather Road prior to submittal of a final plat application.
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. A majority of the existing trees located around the existing
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home on the property, the drainage ditch, and along Floating Feather Road will 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 applicant is proposing to construct two (2) roadway cross sections: one roadway
access point from West Floating Feather Road will be provided for this development to be
constructed using a 65-foot wide road section inclusive of a 10-foot wide planter dividing
the two lanes and 6.5-feet of the 8-foot wide planter strips located on each side of the
street. Each lane will be 22-feet wide.
The local roadways within the development will be a 36-foot wide roadway section (as
measured from back of curb to back of curb) with an eight-foot (8') wide landscape
planter strip located on each side of the roadway.
Blocks Less Than 500': None proposed
Cul-de-sac Design:
The preliminary plat date stamped by the City on May 30, 2013, shows two (2)cul-de-sacs
located within the proposed development. The proposed length of the cul-de-sacs is in
conformance with Eagle City Code. The preliminary plat does not show a street section for
the proposed cul-de-sacs, however the preliminary plat shows the cul-de-sacs with a
landscape island and approximately 90-feet in width from curb-to-curb. Pursuant to Eagle
City Code the pavement area width within a cul-de-sac is required to be 40-feet in width
between the landscape island and the outer edge of the street.
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips
located on both sides of all interior public roadways.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning
Administrator prior to the submittal of the final plat. Any modifications made to the
lighting shall be completed before the final plat approval.
Street Names:
Street 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.
L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
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Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
M. PUBLIC USES PROPOSED: None proposed
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—None
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes—see Preservation of Existing Natural Features section above
Riparian Vegetation—Yes, along the drainage ditch on the south property line
Steep Slopes—Yes, along the drainage ditch on the south property line
Stream/Creek—Yes—Drainage District No. 2
Unique Animal Life—Unknown
Unique Plant Life—Unknown
Unstable Soils—No
Wildlife Habitat—Yes—As noted in the Preliminary Plat application submitted by the applicant
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 August 2, 2013, are of special
concern (attached to the staff report).
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Farmers Union Ditch Company(Jerry Kiser)
Idaho Department of Lands
Idaho Transportation Department
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:
Residential Transition
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Residential development that provides for a transition of density within the planning area while
keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly
requires changes in lot dimensions and scaling, see specific planning area text for a complete
description.
6.7 Land Use Implementation Strategies
L. Protect gravity flow irrigation systems including canals, laterals and ditches to assure
continued delivery of irrigation water to all land serviced by such systems,to protect
irrigation systems as a long range economical method for water delivery and to
coordinate surface water drainage to be compatible with irrigation systems.
M. Protect farm-related uses and activities from land use conflicts or from interference
created by residential, commercial, or industrial development. Promote the Idaho
Right To Farm Act.
6.8.1 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community
commercial, professional office, and a variety of residential densities. The vision for the
area is to recognize the activity center created by Eagle High School and existing
development approved by Ada County and to provide compatible land uses at densities
that accommodate pedestrian scale design and future mass transit.
A. Uses
The land use and development policies specific to the Park Lane Planning Area include
the following:
5. The land use for the properties north of Flint Estates and extending to Floating Feather
Road is Transitional Residential to ensure compatible residential lot sizing adjacent to
the Colony Subdivision. Extending east to west, ensuring compatibility with the 1
acre lots in the Colony Subdivision, densities in the area will increase to a maximum
of 3 units per acre near the high school.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-1-2: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot
wide landscape strip located adjacent to and within the public right of way of a local street),
substantially open to the sky, exclusive of streets, commercial and residential buildings, and
shall be designated and intended as a usable and convenient amenity for the residences of any
proposed development.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 9-1-6: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot
wide landscape strip located adjacent to and within the public right of way of a local street)
substantially open to the sky, exclusive of streets, commercial and residential buildings, and
shall be designated and intended as a usable and convenient amenity for the residences of any
proposed development.
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EASEMENT: A grant by a property owner to specific persons or to the public to use land for
specific purposes. Also, a right acquired by prescription.
• Eagle City Code, Section 9-3-6: Easements:
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 (D)(4): Public Sites and Open Spaces:
4. Ownership And Management Of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open space
who is responsible for maintaining the open space and facilities located thereon. If a
homeowners' association is the owner, membership in the association shall be
mandatory and automatic for all homeowners of the subdivision and their successors.
If a homeowners' association is the owner, the homeowners' association shall have lien
authority to ensure the collection of dues from all members. The responsibility for
maintaining the open space and any facilities located thereon shall be borne by the
owner.
b. Management Plan: Applicant shall submit a plan for management of open space and
common facilities (plan)that:
(1) Allocates responsibility and guidelines for the maintenance and operation of the
open space and any facilities located thereon, including provisions for ongoing
maintenance and for long term capital improvements;
(2) Estimates the costs and staffing requirements needed for maintenance and
operation of, and insurance for, the open space and outlines the means by which
such funding will be obtained or provided;
(3) Provides that any changes to the plan be approved by the city council; and
(4) Provides for enforcement of the plan.
• Eagle City Code Section 9-4-1-5 Streetlights:
All subdividers within the city limits and within the area of city impact shall be required to
install, at the subdividers' expense, streetlights in accordance with city specifications and
standards at locations designated by the "administrator" (as defined by Section 9-1-6 of this
title, or his/her representative, hereinafter referred to as "administrator"). After installation and
acceptance by the administrator, the city shall have the right to pay the cost of maintenance
and power and assume ownership of the streetlights.
• Eagle City Code Section 9-4-1-8 Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 9-4-1-12 Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required for
the protection of residential properties from streets classified as collectors, arterials,
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freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats
shall show the location of all buffer areas.
D. DISCUSSION:
• The Eagle Comprehensive Plan Land Use Map designates the property as Transitional
Residential. The applicant has submitted annexation, rezone, and preliminary plat applications
for Creek Water Subdivision, which consists of 13.9-acres (1.22-acre separate parcel, 12.68-
acre subdivision). The applicant is proposing a 36-lot (30-buildable, 6-common) residential
subdivision. The development contains a proposed residential density of 2.4-dwelling units per
acre. The buildable lots range in size from 10,067-square feet to 15,340-square feet in size.
The applicant is proposing to rezone the property to R-3-DA (Residential up to three (3) units
per acre with a development agreement) which requires a minimum lot size of 10,000-square
feet. The applicant is proposing 2.65-acres of common area, which is 20.8% of the proposed
development.
• The subject site consists of three (3) parcels currently zoned RUT (Rural-Urban Transition —
Ada County designation). The minimum lot size associated with the RUT zoning designation
is five (5) acres. The three parcels are 6.98-acres (3395 West Floating Feather Road), 5.65-
acres, and 1.22-acres (3577 West Floating Feather Road. It is unknown when the 1.22-acre
parcel was created therefore it may have been illegally divided from the original parcel. The
applicant has submitted a lot line adjustment application (LLA-02-13) to adjust the property
line currently dividing 3395 West Floating Feather Road from 3577 West Floating Feather
Road. Upon annexation and rezone the proposed lot line adjustment (upon approval and
recordation) will create two (2) legal conforming parcels one of which will be associated with
the proposed Creek Water Subdivision (12.68-acres) and the remaining 1.22-acre parcel will
be associated with the existing residence located at 3577 West Floating Feather Road which
will be located outside of the proposed subdivision. The applicant should address the site
specific conditions of approval of the lot line adjustment and present a record of survey mylar
ready for signature by the City Clerk prior to the adoption of an ordinance for annexation and
rezone of the subject property.
• The Eagle Sewer District has indicated that, to date, this property has not been annexed into
the District. This site will be required to be annexed into their boundaries prior to the City
accepting a final plat application for the site. A letter of approval should be required to be
provided to the City from the Eagle Sewer District approving the final construction plans prior
to issuance of building permits for the subdivision.
• Due to the proximity of the drain ditch on the property the Army Corps of Engineers may
require 404 permitting. The applicant should provide documentation from the Army Corps of
Engineers regarding the requirement of a 404 permit prior to submitting a final plat
application.
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.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 3, 2013, 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 opposition to the application was presented to the Planning and Zoning Commission
by one (1) individual, who indicated they were opposed to the proposed subdivision being served by
only one(1)entrance to Floating Feather Road.
C. Oral testimony in favor of the application was presented by no one (other than the
applicant/representative).
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The development is in conformance with the Comprehensive Plan based on the proposed
density.
• The design is a well thought out plan.
• Concern with the subdivision being served by only one ingress/egress access point to
Floating Feather Road.
COMMISSION DECISION REGARDING THE ANNEXATION/REZONE:
The Commission voted 3 to 0 (Aizpitarte absent, 1 vacant seat) to recommend approval of A-02-13
and RZ-03-13 for an annexation and rezone from RUT to R-3-DA with the following staff
recommended conditions to be placed within a development agreement with underline text to be added
by the Commission:
3.1 The maximum density for the Property shall be 2.36-dwelling units per acre(30 single-family
lots).
3.2 Owner 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, preliminary and final plat reviews, and/or any 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 within this Agreement.
3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in
that concept may occur. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing
shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be
required by the City.
3.4 The Owner shall address the site specific conditions of approval of the lot line adjustment
(LLA-02-13) and present a record of survey mylar ready for signature by the City Clerk prior
to the adoption of an ordinance for annexation and rezone of the subject property.
3.5 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and
privately owned landscaping,pressurized irrigation facilities, and amenities. The owner
shall provide an operation and maintenance manual including the funding mechanism as
an addendum to the CC&Rs and the repair and maintenance requirement shall run with
the land and that the requirement cannot be modified ant that the homeowners
association or other entity cannot be dissolved without the express consent of the city.
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(b) A requirement for all fencing located adjacent to open space to be open-style such as
wrought iron, extruded aluminum (looks identical to wrought iron), or three-rail-type
wooden decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall
be prohibited.
(c) A requirement that In the event any of the CC&R's are less restrictive than any
government rules, regulations or ordinances, then the more restrictive government rule,
regulation or ordinances shall apply. The CC&R's are subject to all rules, regulations,
laws and ordinances of all applicable government bodies. In the event a governmental
rule, regulation, law or ordinance would render a part of the CC&R's unlawful, then in
such event that portion shall be deemed to be amended to comply with the applicable
rule,regulation, law or ordinance.
3.6 The owner shall provide documentation from the Army Corps of Engineers regarding the
requirement of a 404 permit prior to submittal of a final plat application.
3.7 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that
the property has been annexed into the Eagle Sewer District's service boundaries prior to
submittal of the final plat.
3.8 A License Agreement from Drainage District No. 2 shall be provided for all improvements
within the Drainage District No. 2 easement prior to the City Clerk signing the final plat.
3.9 The developer shall remove all structures (houses, barns, sheds, etc. - as designated on the
preliminary plat "to 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. Applicable
agency approvals for the removal of the existing wells and septic tanks (associated with the
existing residences that are to be removed) shall be provided to the City prior to the City Clerk
signing the final plat.
3.10 The existing home located at 3395 West Beacon Light Road may continue the use of the
existing well and septic,however the applicant shall provide a stub-out for public water and
sewer service to the existing home prior to issuance of any building permits for the
subdivision.
COMMISSIONS DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Aizpitarte absent, 1 vacant seat) to recommend approval of PP-03-
13 for a preliminary plat for Creek Water Subdivision with the following staff 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-03-13.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project,prior to the City Clerk signing the final plat. (ECC 9-2-3 [C] [3] [1])
4. The applicant shall obtain permits from the Central District Health Department and abandon the
septic system located at 3395 West Floating Feather Road prior to submittal of a final plat
application.
5. The applicant shall record the lot line adjustment record of survey associated with City of Eagle
application file#LLA-02-13 prior to submittal of a final plat application.
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6. Provide a revised preliminary plat with a new plat note to read, "Minimum building setback lines
shall be in accordance with Eagle City Code at the time of issuance of a building permit." (ECC 8-
2-4)
7. Provide a revised preliminary plat with plat note#8 revised to read, "A 12-foot wide public utility,
drainage, and pressurized irrigation easement shall be provided along all front/rear lot lines. The
revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-3-
6)
8. Provide a revised preliminary plat with a new plat note to read, "All residential lots shall have a 6-
foot wide public utility, drainage, and pressurized irrigation easement adjacent to all side and rear
lot lines." The revised preliminary plat shall be provided prior to submittal of a final plat
application. (ECC 9-3-6)
9. All overhead utilities on the site shall be removed and/or placed underground prior to the City
Clerk signing the final plat. (ECC 9-4-1-8)
10. Provide a revised preliminary plat with a new plat note to read, "All common lots shall have a
blanket public utilities, drainage, and pressure irrigation easement." The revised preliminary plat
shall be provided prior to submittal of a final plat application.
11. Provide a revised preliminary plat with a new plat note to read, "Direct lot access to West Floating
Feather Road is prohibited",prior to submittal of a final plat application.
12. Provide a revised preliminary plat showing proposed street lights located at all intersections within
the proposed subdivision. The revised preliminary plat shall be provided prior to submittal of a
final plat application. (ECC 9-4-1-6)
13. Provide a tree inventory site map at the time of submittal of a design review application. (ECC 8-
2A-7)
14. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review
Board's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site. (ECC 8-2A-7)
15. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be
placed at the front of each lot on the side lot lines, or as approved by the Design Review Board and
within five-feet (5') of the edge of the roadway. 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
within landscape strips. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not permit landscaping. (ECC 8-
2A-7[E] and ECC 8-2A-18)
16. The applicant shall remove the structures identified on the preliminary plat "to be removed", prior
to the City Clerk signing the final plat.
17. 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 a final plat. (ECC 9-4-1-2)
18. The Creek Water Subdivision shall remain under the control of one Homeowners Association.
(ECC 9-3-8[D][4])
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19. The applicant shall place a note on the final plat that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association. (ECC 9-4-1-
9[C][1])
20. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity. (ECC 9-3-8[D][4] and 9-4-1-9[C][1]).
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. 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
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plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and(3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
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.
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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.
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
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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.
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 in compliance with the application submittal requirement of Eagle
City Code at 3395 W. Floating Feather Road on May 7, 2013, at 6:00 PM. The annexation, rezone,
and preliminary plat applications for this item were received by the City of Eagle on May 30, 2013.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on August 19, 2013. 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 August 15, 2013. The site was posted in accordance
with the Eagle City Code on August 19, 2013. Requests for agencies' reviews were transmitted on
June 11, 2013, in accordance with the requirements of the Eagle City Code.
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3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (RZ-03-13) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed rezone upon
annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of R-3-DA (Residential-up to three units per acre with a
development agreement) complies with the Transitional Residential (3 units per acre
maximum-Park Lane Planning Area) designations as shown on the Comprehensive Plan land
Use Map since the applicant is not proposing more than three units per acre and the proposed
density is within the densities allowed with the two designations; and
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicates that adequate public facilities exist, or are expected to be
provided,to serve all uses allowed on this property under the proposed zone;
c. The proposed R-3-DA zone (Residential-up to three unit per acre with a development
agreement) is compatible with the R-E (Residential Estates — up to one unit per two acres)
zone and land use to the north since this area is designated Residential Two (up to two
units/acre) in the Comprehensive Plan and the applicant will be required to provide additional
buffering located adjacent to Floating Feather Road; and
d. The proposed R-3-DA zone (Residential-up to three unit per acre) is compatible with the RUT
(Rural Urban Transition-Ada County Designation) zones to the south since this area is
designated Transitional Residential (three (3) units per acre maximum-Park Lane Planning
Area) in the Comprehensive Plan and may be developed in the same manner as the proposed
development; and
e. The proposed R-3-DA zone (Residential-up to three unit per acre) is compatible with the RUT
(Rural Urban Transition-Ada County Designation) zones to the east since this area is
designated Transitional Residential (3 units per acre maximum-Park Lane Planning Area) in
the Comprehensive Plan and may be developed in the same manner as the proposed
development; and
f. The proposed R-3-DA zone (Residential-up to three unit per acre) is compatible with the A-R-
DA (Agricultural-Residential with a development agreement) zone and land use to the west
since that area is designated as Residential One in the Comprehensive Plan and currently has
an approved church site located on the property;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone since the accessory
structures located adjacent to the property lines on Lots 1 and 2, Block 4, are required to be
removed. The applicant will also be required to complete a lot line adjustment to bring the
remaining property into conformance with the minimum lot size requirements.
4. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-03-13) 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-3-DA
(Residential up to three(3)units per acre with a development agreement).
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle
City Code since the development is consistent with the Comprehensive Plan Land Use Map
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designation of Transitional Residential (Park Lane Planning Area) and provides the required
improvements for a subdivision or as may be conditioned herein; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use
will not change the essential character of the same area and because this site will be designed
in accordance with the standards of Eagle City Code and the Eagle Architecture and Site
Design book(EASD); and
d. 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 the Idaho transportation Department and the Ada County Highway District and
is subject to the conditions herein; and
e. While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval; and
f. That based upon agency verification and additional written comments of the Eagle Fire
District and Eagle Sewer District as conditioned herein, there is adequate public financial
capability to support the proposed development;
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 approval as
set forth within the conditions of approval herein.
DATED this 16th day of September, 2013.
PLAN► ' G AND ZONING COMMIS •
• ' HE C TY OF E
Ada Count , Idah•
David Aizpitarte, C . man �• de
e OR• ;'
O '9 T •
ATTEST: SEAL ) *)
J A,.�./MA.*Ai • .F OP
Sharon K. Bergmann,Eagle Cit Clerk ,••�'•a, '�F••1•••`'�,,,
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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