Findings - PZ - 2013 - A-04-13/RZ-05-13 & PP-10-13 - Rz From Rut To R-E-Da/6-Lot/10.04 Acre 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 CASTLE ROCK )
SUBDIVISION FOR HAMMETT HOMES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-04-13/RZ-05-13 &PP-10-13
The above-entitled annexation, rezone with a development agreement, and preliminary plat applications
came before the Eagle Planning and Zoning Commission for their consideration on October 21, 2013. The
public hearing was continued to November 4, 2013, December 2, 2013, and December 16, 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:
Hammett Homes, represented by Dave Yorgason with Tall Timber Consulting, is
requesting an annexation, rezone from RUT (Rural-Urban Transition — Ada County
designation) to R-E-DA (Residential-Estates —up to one (1) unit per two (2) acres with a
development agreement), and preliminary plat approvals for Castle Rock Subdivision, a b-
lot (5 buildable, 1 common [private road]) residential subdivision. The 10.04-acre site is
generally located on the east side of North Meridian Road approximately 940 feet north of
West Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 7:00 PM, August 15, 2013, in compliance
with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on August 21, 2013. The applicant submitted a
revised preliminary plat on November 21, 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 September 30, 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 September 30, 2013. The site was posted in accordance with the
Eagle City Code on October 7, 2013. Requests for agencies' reviews were transmitted on
August 26, 2013 and November 27, 2013, in accordance with the requirements of the
Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 13, 2009,the City Council approved an annexation with rezone from RUT
(Rural-Urban Transition—Ada County designation)to R-E-DA (Residential-Estates with
a development agreement)for Terry L. and Nancy Harris(A-06-09 and RZ-07-09).
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On February 23, 2010,the City Council approved a parcel division for Terry L. and Nancy
Harris(PD-03-09).
E. COMPANION APPLICATIONS:
Lot Line Adjustment to adjust the original lot line dividing 1628 North Meridian Road
(5.74-acres)and Ada County Parcel#S0506336452 (6.25-acres)(LLA-04-13).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Estate R-E-DA(Residential-Estates Single Family Dwelling and
up to one unit per two acres Agricultural Uses
with a Development
Agreement) and RUT(Rural
Urban Transition—Ada
County designation)
Proposed No Change R-E-DA(Residential-Estates Residential Subdivision
up to one unit per two acres
with a Development
Agreement)
North of site Residential Estate R-E(Residential-Estates up to Single Family Residential,
one unit per two acres) Canterbury Subdivision
South of site Residential Estate RUT(Rural Urban Single Family Dwelling,
Transition-Ada County Cantebury Subdivision No.
Designation) 1 and Agricultural Uses
East of site Residential Estate R-E(Residential-Estates up to Single Family Dwellings
one unit per two acres) and Agricultural Uses
West of site Residential Two(2 units R-E(Residential-Estates up to Single Family Dwelling and
per acre maximum)and one unit per two acres)and Cavallo Subdivision
Residential Estate RUT(Residential Urban
Transition—Ada County
designation)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA,or DSDA.
H. SITE DATA:
Total Acreage of Site— 10-acres(inclusive of 6.2-acres to be annexed and rezoned)
Total Number of Lots—6
Residential—5
Commercial—0
Industrial—0
Common (private road)— 1
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Total Number of Units—
Single-family—5
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—none
ADDITIONAL SITE DATA
PROPOSED REQUIRED
Dwelling Units Per Gross Acre .50-units per acre .50-units per acre maximum
Minimum Lot Size 78,410-square feet 78,408-square feet
Minimum Lot Width 200-feet 100-feet
Minimum Street Frontage 50-feet 35-feet
Total Acreage of Common Area 0.98-acres * 0-acres(minimum)
Percent of Site as Common Area 9.7%* 0%(minimum)
*Note—The common area is being proposed to contain a private road.
GENERAL SITE DESIGN FEATURES:
Open Space:
Because this subdivision will 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:
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:
The preliminary plat, date stamped by the City on November 21, 2013, indicates that Lot
6, Block 1, will contain a United Water Idaho,joint utility trench, irrigation, drainage, and
street light easements. The preliminary plat delineates a 30-foot wide common driveway
easement located within Lot 4, Block 1, which will also provide access to Lot 5, Block 1.
The common driveway easement located within Lot 4, Block 1, is not noted on the plat.
Plat note#6 describes a 30-foot wide easement located within Lot 5,Block 1, for access to
the irrigation pump station and irrigation pond for maintenance and access. The plat also
delineates the 30-foot wide easement but does not describe it within the mapped area. The
preliminary plat does not delineate or note any easements located adjacent to the side and
rear property lines.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes)
Sewer is not located in proximity to the site and the development will not exceed one unit
per two acres. All homes within the development are proposed to be served by individual
septic systems.
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Pressurized Irrigation:
The preliminary plat, date stamped by the City on November 21, 2013, delineates a PIR
(pressurized irrigation) line located in proximity to the front property line on all of the
proposed buildable lots.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
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.
J. STREET DESIGN:
Private or Public Streets:
The applicant is proposing a private street to serve the subdivision. The preliminary plat,
date stamped by the City on November 21, 2013, shows a 45-foot wide typical street
section inclusive of a 30-foot wide paved street with two foot (2') wide ribbon curbing
located adjacent to each side of the street, a five foot (5') wide gravel shoulder located
adjacent to the south side of the street, and a one foot (1') wide gravel shoulder located
between the ribbon curb and a nine foot(9') wide sloped borrow ditch located adjacent to
the north side of the street.
Blocks Less Than 500': None
Cul-de-sac Design:
The preliminary plat, date stamped by the City on November 21, 2013, shows an
approximately 610-foot long private road terminating in a cul-de-sac. The preliminary plat
does not show a typical street section for the proposed cul-de-sac, however, the
preliminary plat shows the cul-de-sac with a landscape island with a 50-foot wide radius
from the center of the cul-de-sac to the outside edge of the street.
Sidewalks:
The preliminary plat, date stamped by the City on November 21, 2013, does not show any
sidewalks within the development. Pursuant to Eagle City Code and at the Council's
discretion, a four foot(4')wide striped path (with pedestrian designation markings such as
diamonds or pedestrian/bicycle symbols) on both edges of all internal roadways may be
permitted in lieu of constructing sidewalks.
Curbs and Gutters:
See"Private and Public Streets"section above.
Lighting:
The applicant has indicated within the provided narrative that"Dark Sky" lighting will be
provided adjacent to the private street. Location and lighting specifications 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.
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K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: See"Sidewalks"above
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L. PUBLIC USES PROPOSED:None proposed
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
N. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters(with conditions)from the Eagle Fire Department have been
received. The development will be provided water service by United Water.
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—None
Evidence of Erosion—None
Fish Habitat—No
Floodplain—No
Mature Trees—No
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—Unknown
Unique Plant Life—Unknown
Unstable Soils—No
Wildlife Habitat—No
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated December 10, 2013, are
of special concern(see attached).
Ada County Highway District
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Idaho Transportation Department
Middleton Irrigation Association,Inc.
New Dry Creek Ditch Company
R. LETTERS FROM THE PUBLIC:
Mark Beckman, submitted correspondence, date stamped by the City on September 28, 2013
Jerry Sullivan, submitted correspondence, date stamped by the City on October 8, 2013
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Dr. Jeff Gilbertson, submitted correspondence, date stamped by the City on October 14, 2013
Cheryl Bloom, submitted email correspondence, dated December 9, 2013
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map, adopted February 7, 2013, designates this site as
Residential Estate:
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:None
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 9-1-6: Rules and Definitions:
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.
PRIVATE STREET: A right of way which provides access to adjacent properties under separate
ownership and which is not dedicated to or officially accepted by a public entity,but not including
a driveway as defined in subsection 9-3-2-1J of this title.
RESERVE STRIP:A strip of land between a partial street and adjacent property which is reserved
or held in public ownership for future street extension or widening.
• Eagle City Code, Section 9-2-3: Preliminary Plat:
C. Required Information And Data:
3. The following shall be submitted separately:
j. Lot lines and blocks showing the dimensions and numbers of each;
1. A site report as required by the appropriate health district where individual wells
or septic tanks are proposed;
m. Any proposed or existing utilities, including, but not limited to, storm and
sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water
mains, fire hydrants and their respective profiles;
n. Any dedications to the public and/or easements, together with a statement of
location, dimensions and purpose of such; and
• Eagle City Code, Section 9-3-2: Streets and Alleys
Section 9-3-2-1: Location and Design:
I. Private Streets: Private streets that provide access to no more than ten percent(10%)of the
lots may be permitted within planned unit developments provided that the standards
within section 9-3-2-5 of this chapter are met.
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J. Driveways: Driveways providing access to no more than two (2) dwelling units shall be
allowed within any subdivision.
• 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 9-3-2-5: Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to no more than ten percent(10%)of the
lots within a planned unit development provided the council determines that the private
streets are in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location,topography, or other features of the development or its surroundings such
that private streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel
layout.
6. Other than to provide emergency access,the private streets do not connect one public
street to another,thereby encouraging travel through the development served by the
private street.
7. The use or alignment of the private streets does not interfere with the continuity of
public streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County highway
district's structural standards for streets including base course and asphaltic concrete
mat thickness utilizing the appropriate traffic index or as may be recommended by the
city engineer and approved by the city council, and shall further be in accordance with
Ada County highway district's intersection design and drainage requirements, or as
may be recommended by the city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such
design and dimensional requirements as the council may determine are appropriate
considering the proposed use and the site upon which the private streets are to be
placed,however, all private streets shall contain paved travel lanes a minimum of
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twelve feet(12') in width(except as noted herein)and shall otherwise provide for the
safe, convenient, and effective movement of both vehicular and pedestrian traffic.
Vertical curbing shall be provided for streets that are less than thirty four feet(34') in
total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including,but
not limited to, designated parking and "no parking" areas, speed, stop, and such other
signs as are required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction,be inspected and tested, at
the expense of the owner or developer,by a qualified inspector in order to ensure
compliance with the construction and design standards set forth in this section,the
construction drawings as prepared by the registered professional engineer, and good
engineering and construction practices. Reports of such inspections and tests shall be
submitted,together with a certification of such compliance, for the review and
approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public
right of way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G
of this chapter and subject to the approval of the Eagle fire district and city
engineer and provided further that proper maintenance of the island is provided
for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
fire district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer, and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared
by a licensed professional engineer in the state in substantial conformance with
engineering and design standards in effect at the time of preparation of the design.
Construction drawings,together with a certification of such conformity, shall be
submitted for the review and approval by the city engineer.No part of this section
shall be construed as allowing a private street that is not in conformance with current
engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title,the provision which establishes the higher and/or more
restrictive standard shall prevail,unless specifically determined otherwise by the city
council.
C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state,together with a
proposed method for funding the same, including, but not limited to,the creation and
maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
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2. The location of the private street shall be clearly depicted on the face of the plat and
notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
street the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land;and
c. Provide that the restrictive covenant for maintenance of the private street cannot
be modified and the homeowners'/property owners' association or other entity
cannot be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be
recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private street in accordance with the
approved plan as provided for in subsection Cl of this section. Said restrictive
covenant shall also provide that the said covenant shall run with the land and that the
said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the city.
The said restrictive covenant shall be reviewed and approved by the city attorney prior
to certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion,order the owners or the
entity responsible for the maintenance of any private street approved in accordance
with the provisions of this section to undertake such repair and maintenance activities
as it may determine is necessary to protect the public health, safety, or welfare and
make such expenditures from the funds reserved therefor as may be required thereby;
and the owner or responsible entity shall, as a condition of approval of any such
private street,be deemed to have agreed to comply with any such order and to
reimburse the city all of its costs, including attorney fees, incurred in obtaining or
enforcing any such order. Any order entered by the council pursuant to this subsection
may be enforced by a court of competent jurisdiction and the city shall be entitled to
recover its costs and attorney fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all
applicable components of the comprehensive plan.
• Eagle City Code, Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
F. Sidewalk Design:
1. Sidewalks, a minimum five feet(5')wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or
at the building setback line, is over one hundred feet (100'), sidewalks on only one
side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of
curb by a minimum eight foot(8')wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with three inch(3")minimum
caliper shade class trees along all streets within the subdivision. Installation of
landscaping shall be in accordance with section 8-2A-7 of this code. The area within
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the eight foot(8')wide landscape strip may be counted toward the minimum required
common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line.
Minor variations to the location of a tree may be considered by the design review
board during the review of the subdivision landscape plan.
5. If sidewalk is required on one side of each street only(as provided for in subsection Fl
of this section),then the trees on the side of the street with no sidewalk shall be placed
within five feet(5')of the edge of roadway.
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 pedestrian/bicycle 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.
D. DISCUSSION:
• The Eagle Comprehensive Plan Land Use Map designates this property as Residential Estate
with a maximum density of up to one (1) unit per two (2) acres. The applicant has submitted
annexation, rezone, and preliminary plat applications for Castle Rock Subdivision, which
consists of 10.1-acres. The applicant is proposing a 6-lot (5 buildable, 1-common [private
road])residential subdivision. The development contains a proposed residential density of.50-
dwelling units per acre. The building lots range in size from 78,410-square feet to 84,281-
square feet in size. The applicant is proposing to rezone the property to R-E-DA (Residential
Estates up to one (1) unit per two (2) acres with a development agreement) which requires a
minimum lot size of 78,000-square feet.
• The subject site consists of two (2) parcels one (1) of which is zoned R-E-DA(Residential
Estates up to one (1) unit per two (2) acres with a development agreement) located at 1628
North Meridian Road and the remaining parcel is zoned RUT (Rural Urban Transition —Ada
County designation). The applicant has submitted a Lot Line Adjustment application (LLA-
04-13) to adjust the property line currently dividing the parcel associated with 1628 North
Meridian Road from the parcel not currently annexed into the city. Upon recordation of the lot
line adjustment record of survey the existing residence located at 1628 North Meridian Road
will be located within a 1.97-acre parcel and be located outside of the property proposed to be
subdivided. 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
adoption of an ordinance for annexation and rezone of the subject property.
• The preliminary plat, date stamped by the City on November 21, 2013, shows a private road
located with a common lot(Lot 6, Block 1)providing access to the five(5)buildable lots. The
applicant's justification for the private street is because of site constraints and the required
minimum lot size the applicant is not able to provide the ACHD required 50-foot right-of-way
for a public road and have enough area remaining for a small amount of common area
landscaping at the entry. Pursuant to Eagle City Code,private streets may provide access to no
more than 10% of the lots within a planned unit development provided the Council determines
that the private streets are in compliance with specific standards as identified in Eagle City
Code Section 9-3-2-5(A). Staff will defer to the Commission and Council regarding the
approval of this request. Should the Council approve the development with a private street,the
applicant should provide a revised preliminary plat which contains plat notes that: 1) conveys
to each lot owner within the subdivision to be served by the private street the perpetual right of
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ingress and egress over the described private street, 2) provide that such perpetual easement
shall run with the land, 3) provide that the restrictive covenant for maintenance of the private
street cannot be modified and the homeowners'/property owners' association or other entity
cannot be dissolved without the express consent of the city. The revised preliminary plat
should be provided prior to submittal of a final plat application.
• Plat note#2 of the preliminary plat, date stamped by the City on November 21, 2013, indicates
that Lot 6, Block 1, is a common lot and will contain a private street, which will have a
permanent easement for United Water Idaho,joint utility trench, irrigation,drainage, and street
lights. The preliminary plat also shows pressurized irrigation and gravity irrigation lines not
located within easements. While it is common practice for potable water lines to be located
within a right-of-way it is not common for joint utility trench, irrigation, and drainage to be
located within the road right-of-way. The applicant should provide a revised preliminary plat
with a plat note indicating that "All front and rear lot lines should have a public utility,
drainage, and pressurized irrigation easement not less than 12-feet in width. All interior side
lot lines should have a public utility, drainage, and pressurized irrigation easement not less
than six-feet(6') in width for a total of 12-feet in width." The revised preliminary plat should
be provided to the City prior to submittal of a final plat application. The applicant should
provide a revised preliminary plat delineating the pressurized irrigation and gravity irrigation
lines to be located within easements prior to submittal of a final plat application.
• The preliminary plat, date stamped by the City on November 21, 2013, delineates a
maintenance access road associated with the Dry Creek Canal which is located adjacent to the
northern boundary of the subdivision. The applicant's narrative, date stamped by the City on
December 2, 2013, indicates that they propose to retain the existing access road along the
ditch bank within an easement as requested by the ditch company. The preliminary plat does
not note or delineate an easement associated with the maintenance access road. The applicant
should provide a revised preliminary plat showing the area where the maintenance road
associated with the New Dry Creek Canal is located to be within an easement and provide a
new plat note indicating that the New Dry Creek Ditch Company should have a perpetual
easement for ingress/egress for maintenance of the New Dry Creek Canal. The revised
preliminary plat should be provided prior to submittal of a final plat application.
• The preliminary plat, date stamped by the City on November 21, 2013, delineates a 30-foot
wide common driveway easement located adjacent to the northwest property line of Lot 4,
Block 1. The proposed common driveway is to provide access to Lot 5, Block 1. The common
driveway easement also provides access to the pressurized irrigation pump station and pond
and contains a pressurized irrigation line. The preliminary plat does not contain a plat note
referencing the common driveway easement as providing ingress/egress for Lot 5,Block 1,nor
does it recognize the easement for the pressurized irrigation pump station, pond, and
pressurized irrigation system. The applicant should provide a revised preliminary plat with a
new plat note identifying the 30-foot wide common driveway easement located within Lot 4,
Block 1, as providing ingress/egress to Lot 5, Block 1, and an easement for access to and
maintenance of the to the pressurized irrigation pump station, pond, and pressurized irrigation
line. The revised preliminary plat should be provided prior to submittal of a final plat
application.
• The Central District Health Department (CDHD) provided correspondence date stamped by
the City on December 6, 2013, indicating that an application and full engineering report will
be required for review and approval prior to CDHD providing comment. The applicant should
provide a copy of the CDHD application and engineering report prior to the submittal of a
final plat application.
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• The applicant's narrative, date stamped by the City on December 2, 2013, the applicant has
indicates that they are proposing a gated entry to be located at the entrance to the subdivision.
The preliminary plat, date stamped by the City on November 21, 2013, does not show a gated
entry located at the entrance to the subdivision. The applicant should provide a revised
preliminary plat which shows the location of the proposed gated entry at the entrance to the
subdivision. The revised preliminary plat should be provided prior to submittal of a design
review application.
• The preliminary plat, date stamped by the City on November 21, 2013, shows a 30-foot wide
typical street section contained within a 45-foot wide right-of-way. The provided street section
does not show either a separated sidewalk located on one (1) side of the street or a four foot
(4') wide striped path (with pedestrian designation markings such as diamonds or
pedestrian/bicycle symbols) on both edges of all internal roadways which may be permitted at
the Council's discretion as permitted pursuant to Eagle City Code. The applicant should be
required to provide a revised preliminary plat showing either a separated sidewalk located on
one (1) side of the street or a four foot (4') wide striped path (with pedestrian designation
markings such as diamonds or pedestrian/bicycle symbols) on both edges of the street prior to
submittal of a design review application.
• The preliminary plat, date stamped by the City on November 21, 2013, contains a few notes
pertinent to specific easements and the map portion of the preliminary plat delineates a few of
the noted easements, however, the preliminary plat does not contain a legend indicating how
the easements are shown on the map portion of the preliminary plat. The applicant should
provide a revised preliminary plat containing a legend indicating how easements are identified
and delineating all easements associated with the subdivision. The revised preliminary plat
should be provided prior to submittal of a final plat application.
• The preliminary plat, date stamped by the City on November 21, 2013, delineates Lot 6,Block
1 (common lot) as being approximately 45-feet in width at the entrance to the subdivision and
continuing at the same width approximately 500-feet east into the subdivision. The applicant
submitted lot line adjustment application (LLA-04-13) to separate the parcel where the
existing residence is currently located from the parcel proposed to be platted. The submitted
record of survey, date stamped by the City on September 24, 2013, associated with the lot line
adjustment application shows the area located south of Parcel 2 (unplatted parcel) from the
parcel proposed to be platted to be 53.77-feet in width. The area located between the Parcel 2
(unplatted area identified on the preliminary plat as 1128 Meridian Road) and Lot 6, Block 1,
of the preliminary plat appears to be a lot within the proposed subdivision that is not identified
by lot and block as required pursuant to Eagle City Code. The applicant should provide a
revised preliminary plat identifying the area located between Lot 6, Block 1, and the unplatted
parcel (identified on the preliminary plat as 1128 Meridian Road) as a separate lot and block
prior to submittal of a design review application.
• The preliminary plat, date stamped by the City on November 21, 2013, identifies the unplatted
parcel located at the northeast corner of N. Meridian Road and W. Reflection Lane with an
address of 1128 Meridian Road. The correct address for the aforementioned parcel is 1628 N.
Meridian Road. The applicant should provide a revised preliminary plat which identifies the
unplatted parcel located at the northeast corner of N. Meridian Road and W. Reflection Lane
as 1628 N. Meridian Road prior to submittal of a final plat application.
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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 October
21, 2013. The public hearing was continued to November 4, 2013, December 2, 2013, and December
16, 2013, at which time public testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by two (2) individuals, who indicated the developer has not been in contact with the adjacent
neighbors and the following concerns should be addressed prior to approval of the proposed
subdivision: 1) maintenance and operation of the existing lateral, 2) whether or not the adjacent
or
properties will receive the allotted amount of irrigation water associated with the existing watery gosed
shares, 3)how will mosquito abatement associated with the proposed ponds be addressed,4) prop
density is too high for the area and the additional homes will add a burden to the existing road system,
5) address a plan for emergency services to respond to homes within the subdivision due to the gated
entry, 6) a gated entry for the five (5) lots seems to create an elitist impression and should not be
permitted, 7) and the proper easements have not been proposed for access to the existing and proposed
irrigation facilities. One (1) of the individuals also indicated they have a concern regarding access to
West Floating Feather Road and access to the irrigation diversion box.
C. Oral testimony in favor of the application was presented by one (1) individual who indicated the
developer's representative had been working with the Cantebury Home Owners' Association regarding
the proposed irrigation and pond system. The individual supports a continuous flow system and finds
the proposal regarding the irrigation system interesting.
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 irrigation issues associated with the proposed subdivision need to be addressed prior
to submittal of the final plat application.
• The applicant should work with the Farmers Union Canal Company Lateral 75 users to
assist with the costs associated with the ongoing maintenance and operation of the lateral.
• The proposed gated street is not an issue since the applicant will have to address
requirements of the emergency services providers.
• The proposed private street is only serving five (5) lots and since the properties located
adjacent to the site are either developed or have frontage to a minor arterial connectivity is
not an issue.
COMMISSION DECISION REGARDING THE ANNEXATION/REZONE:
The Commission voted 4 to 0 (Roehling absent) to recommend approval of A-04-13 and RZ-05-13 for
an annexation and rezone from RUT to R-E-DA with the following staff recommended conditions to
be placed within a development agreement:
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3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding
floodplain development permit review, design review,preliminary and final plat reviews,
and/or any conditional use permits, if applicable, and any other applicable applications as
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.
3.2 The Concept Plan(Exhibit B)represents the Owner's current concept for completion of the
project. As the Concept Plan evolves,the City understands and agrees that certain changes
in that concept may occur. If the City determines that any such changes require additional
public comment due to potential impacts on surrounding property or the community, a
public hearing shall be held on any proposed changes in the Concept Plan,notice shall be
provided as may be required by the City.
3.3 The Owner shall address the site specific conditions of approval of the lot line adjustment
(LLA-04-13) 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.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the
following:
(a) An allocation of responsibility for repair and maintenance of the pressurized irrigation
facilities, private road, and borrow ditch (drainage swales). 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.
(b) 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.
COMMISSIONS DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 (Roehling absent) to recommend approval of PP-10-13 for a
preliminary plat for Castle Rock Subdivision with the following staff recommended site specific
conditions of approval and standard conditions of approval with strike through text to be deleted
by the Commission and underline text to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-05-13.
2. Comply with all requirements of the City Engineer with the exception of the requirement for
vertical curbing located adjacent to the street.
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 record the lot line adjustment record of survey associated with City of Eagle
application file#LLA-04-13 prior to submittal of a final plat application.
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5. The applicant shall provide a revised preliminary plat which contains a plat note that a)conveys to
each lot owner within the subdivision to be served by the private streets the perpetual right of
ingress and egress over the described private street, b) provide that such perpetual easement shall
run with the land, c) provide that the restrictive covenant for maintenance of the private street
cannot be modified and the homeowners'/property owners' association or other entity cannot be
dissolved without the express consent of the city. The revised preliminary plat shall be provided to
the City prior to submittal of a final plat application. (ECC 9-3-2-5[C][2])
6. Provide a revised preliminary plat identifying the area located between Lot 6, Block 1, and the
unplatted parcel (identified on the preliminary plat as 1128 Meridian Road) as a separate lot and
block prior to submittal of a design review application. (ECC 9-2-3 [C][3][j])
7. Provide a revised preliminary plat which identifies the unplatted parcel located at the northeast
corner of N. Meridian Road and W. Reflection Lane as 1628 N. Meridian Road prior to submittal
of a final plat application.
8. Provide a revised preliminary plat containing a legend indicating how easements are identified and
delineating all easements associated with the subdivision. The revised preliminary plat shall be
provided prior to submittal of a final plat application. (ECC 9-2-3 and ECC 9-3-6)
9. The applicant shall provide a revised preliminary plat with a plat note indicating that "All front
and rear lot lines shall have a public utility, drainage, and pressurized irrigation easement not less
than 12-feet in width. All interior side lot lines shall have a public utility, drainage, and
pressurized irrigation easement not less than six-feet (6') in width for a total of 12-feet in width."
The revised preliminary plat shall be provided to the City prior to submittal of a final plat
application. (ECC 9-3-6)
10. Provide a revised preliminary plat delineating the pressurized irrigation and gravity irrigation lines
to be located within easements prior to submittal of a final plat application. (ECC 9-3-6)
11. Provide a revised preliminary plat which shows the location of the proposed gated entry at the
entrance to the subdivision. The revised preliminary plat shall be provided prior to submittal of a
design review application.
12. Provide a revised preliminary plat with a new plat note identifying the 30-foot wide common
driveway easement located within Lot 4, Block 1, as providing ingress/egress to Lot 5, Block 1,
and an easement for access to and maintenance of the to the pressurized irrigation pump station,
pond, and pressurized irrigation line. The revised preliminary plat shall be provided prior to
submittal of a final plat application. (ECC 9-3-6 and ECC 9-3-2-1 [J])
13. Provide a revised preliminary plat showing the area where the maintenance road associated with
the New Dry Creek Canal is located to be within an easement and provide a new plat note
indicating that the New Dry Creek Ditch Company shall have a perpetual easement for
ingress/egress for maintenance of the New Dry Creek Canal. The revised preliminary plat shall be
provided prior to submittal of a final plat application. (ECC 9-2-3[C][3][n])
14. Provide a revised preliminary plat showing either a separated sidewalk located on one (1) side of
the street or a four foot (4') wide striped path (with pedestrian designation markings such as
diamonds or pedestrian/bicycle symbols) on beth one (1) edges of the street prior to submittal of a
design review application.
15. 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
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Board's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
16. 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)
17. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC
9-4-1-2)
18. The Castle Rock Subdivision shall remain under the control of one Homeowners Association.
(ECC 9-3-8[D][4])
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][a] and ECC 9-3-8[D][4])
20. Provide a copy of the CDHD application and engineering report prior to submittal of final plat
application. (ECC 9-2-3 [C][3][I])
21. 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 9-4-1-9[C][1])
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. 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)
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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
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.
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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.
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.
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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.
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.
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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.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (RZ-05-13) 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-E-DA (Residential-Estates up to one units per two
acres with a development agreement) complies with the Residential Estate (one unit per two
acres) designation as shown on the Comprehensive Plan Land Use Map since the applicant is
not proposing more than one unit per two acres; 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-E-DA zone (Residential-Estates up to one units per two acres 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 and east since this area is designated Residential
Estate (one unit per two acres) in the Comprehensive Plan and is developed in the same
manner as the proposed subdivision; and
d. The proposed R-E-DA zone (Residential-Estates up to one units per two acres with a
development agreement) is compatible with the RUT (Rural Urban Transition-Ada County
Designation) zone and land use to the south since this area is designated Residential Estate
(one unit per two acres) in the Comprehensive Plan and may be developed in the same manner
as the proposed development; and
e. The proposed R-E-DA zone (Residential-Estates up to one units per two acres with a
development agreement) is compatible with the RUT (Rural Urban Transition-Ada County
Designation) and R-E (Residential Estates —up to one unit per two acres) zones and land use
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to the west since this area is designated Residential Estate (one unit per two acres) and
Residential Two(Residential up to two units per acre) in the Comprehensive Plan and is either
already developed or may be developed in the same manner as the proposed development; and
f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
g. No non-conforming uses are expected to be created with this rezone.
4. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-10-13) 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-E-DA
(Residential up to one(1)unit per two(2) acres 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
designation of Residential Estate (one unit per two acres) 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, Eagle Architecture and Site Design
book(EASD), and similar to the adjacent subdivisions; 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 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 Ada County
Highway District, 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 bg pombitigpisrof approval as
set forth within the conditions of approval herein. �.��OF EN CI�• .,,
Q-QORAT
DATED this 6th day of January, 2014. 0
CJ •
� 4111.
PLANNING AND ZONING COMMISSION ATTESA:: ' SE AI's/0 r
OF THE CITY OF EAGLE �., �''•:;�';;;:: Q,,`�
Ada C., Ida • / �e•••:1PE OF sv••'�
D oehling, Chairm.n Sharon Bergmann, Eagle Ci Clerk.
Regulatory Taking Notice: Applicant the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 21 of 21
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