Findings - CC - 2014 - A-02-14/RZ-02-14/PP-01-14 - A/Rz From Rut/Ar To R3-Da/Banbury #8/29 Lot/11.81 Acre/ BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT AND A-R TO R-3-DA AND )
PRELIMINARY PLAT FOR BANBURY )
MEADOWS NO. 8 SUBDIVISION FOR )
BANBURY MEADOWS, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-02-14/RZ-02-14 & PP-01-14
The above-entitled annexation, rezone with a development agreement, and preliminary plat applications
came before the Eagle City Council for their action on November 10, 2014. The City Council, having
heard and taken oral and written testimony, and having duly considered the matter, makes the following
Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Banbury Meadows, LLC, represented by Becky McKay with Engineering Solutions, LLP,
is requesting an annexation, rezone from RUT (Rural-Urban Transition — Ada County
designation) and A-R (Agricultural-Residential up to one (1) unit per five (5) acres) to R-
3-DA (Residential up to three units per acre with a development agreement), and
preliminary plat approval for Banbury Meadows Subdivision No. 8, a 29-lot(26 buildable
and 3 common)residential subdivision. The 11.81-acre site is generally located at the west
side of South Chipper Way approximately 50-feet north of the intersection of South
Chipper Way and West Oakhampton Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, Wednesday, October 16, 2013, at Eagle
City Hall (Freedom Room) in compliance with the application submittal requirement of
Eagle City Code. The revised applications for this item were received by the City of Eagle
on February 4, 2014. Revised preliminary plats were submitted on March 5, May 22, June
11, and July 24, 2014.
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 25, 2014. 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 22, 2014. Requests for agencies' reviews were transmitted on February
7, 2014, in accordance with the requirements of the Eagle City Code. The site was posted
in accordance with the Eagle City Code on August 8, 2014,
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on October 13, 2014. 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 October 10,
2014. The site was posted in accordance with the Eagle City Code on October 17, 2014.
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D. HISTORY OF PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation, rezone, lot split,
preliminary development plan, and preliminary plat for Banbury Meadows (RZ-95/
PPUD-95)
On April 26, 2005, the City Council approved the final development plan and final plat
for Banbury Meadows Subdivision No. 7 (final phase of Banbury Meadows planned unit
development)(FPUD-02-05/FP-03-05).
E. COMPANION APPLICATIONS:None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two RUT(Rural-Urban Vacant parcels/agriculture
Transition—Ada County
designation) and A-R
(Agricultural-Residential)
Proposed No Change R-3-DA (Residential with Single-family, residential
a development subdivision
agreement)
North of site Residential Two R-2-P (Residential— Banbury Golf Course and
PUD) Banbury Meadows
Subdivision No. 5
South of site Residential Two R-1 (Residential)and A- Carlene Estates Subdivision
R(Agricultural- (common lots)and single-
Residential) family residence
East of site Residential Two R-2-P(Residential— Banbury Golf Course and
PUD) Banbury Meadows
Subdivision No. 5
West of site Residential Two RUT(Rural-Urban Single-family residence
Transition—Ada County
designation)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site— 11.81-acres
Total Number of Lots—29
Residential—26
Commercial—0
Industrial—0
Common—3
Total Number of Units-26
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Single-family—26
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 2.20-dwelling units per acre 2.20 units per acre
maximum
Minimum Lot Size 11,036-square feet 17,000-square feet
(Except that a decrease of
minimum lot size in a
subdivision may be
allowed if there is an
offsetting increase of the
same square-footage in
open space and a planned
unit development is
applied for and approved-
per ECC Section 8-6-5-5
[A]).
Minimum Lot Width 85-feet 75-feet(minimum)
Minimum Street Frontage 42-feet 35-feet(minimum)
Total Acreage of Common Area 2.14-acres* 2.13-acres(minimum)
Open Space
Percent of Site as Common Area 18.1%* 18% (minimum)
Open Space
* .90-acres of the area proposed as common area open space contains two (2) existing driveways
providing access to the two(2)adjacent parcels.
GENERAL SITE DESIGN FEATURES:
Open Space:
The applicant is proposing five (5) common lots consisting of a total of 2.14-acres
(18.1%) of common area. The preliminary plat, date stamped by the City on July 24, 2014,
shows a common lot (Lot 17, Block 42) located adjacent to the southern property line to
be 39,303-square feet (.90-acres) in size. Lot 17, Block 42, consists of existing driveways
providing access to two (2) adjacent properties. The remaining common lots consist of a
common area located at the entrance to the subdivision, a centrally located open space
common area, and two (2) smaller common areas located adjacent to W. Hampton Bay
Drive.
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
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are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide,
except that lesser widths, to coincide with respective setbacks, may be considered as part
of a planned unit development.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Meridian Rural Fire District
and the Eagle Fire District.
On-site Septic System:No
Preservation of Existing Natural Features:
The property was previously farmed with the exception of the area located adjacent to
Kid's Creek located adjacent to the southern boundary of the site. The applicant is
proposing to include Kid's Creek within a common lot to preserve the creek area.
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:
Public Streets:
The preliminary plat, date stamped by the City on July 24, 2014, shows a typical street
section showing a 50-foot wide road section inclusive of a 36-foot wide roadway section
(as measured from back of curb to back of curb) with five-foot (5') wide attached
sidewalks and a two-foot(2')wide additional right-of-way area located on each side of the
proposed street.
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
The preliminary plat date stamped by the City on July 24, 2014, shows one (1) cul-de-sac
located within the proposed development. The proposed length of the cul-de-sac is in
conformance with Eagle City Code. The preliminary plat does not show a street section for
the proposed cul-de-sac, however, the preliminary plat shows the cul-de-sac with a
landscape island and approximately 100-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. The design of the cul-
de-sac is in conformance with Eagle City Code.
Sidewalks:
The applicant is proposing five-foot (5') wide attached sidewalks located on each side of
the street.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets.
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Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under 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
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—unknown
Floodplain—no
Mature Trees—no
Riparian Vegetation—yes—located adjacent to Kid's Creek
Steep Slopes—no
Stream/Creek—yes—Kid's Creek
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. 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 letter dated August 13, 2014 are of special
concern (attached to the staff report).
Ada County Highway District
Boise River Flood Control District No. 10
Central District Health Department
Eagle Sewer District
Meridian Fire Department
Republic Services
Settlers Irrigation District
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Tesoro Logistics NW Pipeline(formerly known as Chevron Pipeline)
Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Banbury Meadows Homeowners Association, date stamped by the City on March 10,
2014.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to develop the site in a single phase.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The Comprehensive Plan Land Use Map (adopted February 3, 2011) designates this site
as Residential Two:
Suitable primarily for single family residential development within areas that are rural in
character. An allowable density of up to 2 units per 1 acre.
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.
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic
fields, buildings or structures for recreational activities including picnic areas, community
garden, courses or courts, children's play area, dog play area, and pathways, excluding
passive open space areas. Landscape buffer areas not required pursuant to subsection 8-
2A-7J of this title may be considered, in part, as active open space provided a pathway or
other active amenity is located within and incorporated into the buffer area. Up to fifteen
percent (15%) of the total area of water bodies (i.e., ponds) within a development may be
considered active open space provided there is a finding that the ponds employ active
recreation capabilities such as fishing, rafting, canoeing, and the like.
OPEN SPACE, PASSIVE: Common area which includes, but is not limited to, landscaped
buffer areas required pursuant to subsection 8-2A-7J of this title (including the sidewalk
within the buffer area), natural areas, wetland areas, ornamental gardens, decorative
fountains, and water bodies, excluding active open space areas.
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• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning Maximum Front Rear Interior Street Maximum Lot Minimum Lot Area Minimum Lot
District Height Side Side Covered (Acres Or Sq.Ft.)G Width I*
And H*
R-2 35' 30' 25' 7.5' 20' 40% 10,000 75'
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.
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields,
buildings or structures for recreational activities including picnic areas, community garden,
courses or courts, children's play area, dog play area, and pathways, excluding passive open
space areas. Landscape buffer areas not required pursuant to subsection 8-2A-7J of this code
may be considered, in part, as active open space provided a pathway or other active amenity is
located within and incorporated into the buffer area. Up to fifteen percent (15%) of the total
area of water bodies (i.e., ponds) within a development may be considered active open space
provided there is a finding that the ponds employ active recreation capabilities such as fishing,
rafting, canoeing, and the like.
OPEN SPACE, PASSIVE: Common area which includes, but is not limited to, landscaped
buffer areas required pursuant to subsection 8-2A-7J of this code (including the sidewalk
within the buffer area), natural areas, wetland areas, ornamental gardens, decorative fountains,
and water bodies, excluding active open space areas.
• Eagle City Code Section 9-3-8: Public Sites and Open Spaces:
2. Compliance: All common area open space shall be evaluated for its compliance with the
following:
a. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting: Visual focal points, use of existing physical features such as topography, view,
sun and wind orientation, circulation pattern,physical environment.
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.
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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 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Design:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet(6')to ten feet(10') in
width. Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum eight feet(8')wide and shall be
located within a sixteen foot(16')wide pedestrian access easement,however, in an
area where low volume pedestrian traffic is anticipated,the council may consider a
reduction in pathway width to six feet(6'). Regional pathways such as the Boise River
greenbelt and pathways located adjacent to major roadways shall be a minimum ten
feet(10')wide and shall be located within a twenty foot(20')wide pedestrian access
easement.
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.
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 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 F1
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.
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D. DISCUSSION:
• The Eagle Comprehensive Plan designates the property as Residential Two with a density not
to exceed two (2) units per acre. The applicant has submitted annexation, rezone, and
preliminary plat applications for Banbury Meadows Subdivision No. 8. The proposed
development consists of 11.81-acres inclusive of common lots totaling 2.14-acres in area. The
applicant is proposing the development to have 26-buildable lots with a density of 2.20-
dwelling units per acre. The applicant is proposing Banbury Meadows Subdivision No. 8 as a
continuation of the original Banbury Meadows Planned Unit Development(PUD). The subject
property was not included within the approved original PUD and to consider it as a
continuation of the previously approved PUD is outside of the original approval. Since the
subject application was not part of the original PUD and applying for a preliminary plat only
the applicant should reduce the residential lot count by three (3) units so the density does not
exceed two (2) units per acre to be in conformance with the Residential Two land use
designation within the Comprehensive Plan. The applicant should provide a revised
preliminary plat showing three (3) residential lots removed prior to submittal of a final plat
application.
• The preliminary plat, date stamped by the City on July 24, 2014, notes that there are 1.24-
acres of open space/common lots and a .90-acre of common lot which contain Kids
Creek/access easements for a total common lot area of 2.14-acres. Pursuant to Eagle City Code
Section 9-3-8(D), the minimum percentage of common area open space required to be set
aside for subdivisions is 18%. Based on 11.81-acres of developable land the amount of
common area open space required would be 2.13-acres. The noted open space consists of five
(5) common lots. Four (4) of the common lots contain a total of 54,119-square feet of area
consisting of a 11,123-square foot lot located at the entrance to the subdivision, a 34,229-
square foot lot centrally located between W. Hampton Bay Drive and W. Oakhampton Drive
and two (2) smaller lots, totaling 8,767-square feet in size, located adjacent to W. Hampton
Drive. The aforementioned common lots are located in areas that the residents residing within
the subdivision would have access. A fifth common lot (Lot 17, Block 42, located adjacent to
the southern boundary) is 39,303-square in size and consists of Kids Creek and also contains
two (2) access driveways providing access to the adjacent properties located west and east of
the proposed development. Lot 17, Block 42, would only be accessible from the residential
lots located adjacent to it, and as previously mentioned, this common lot consists of access
driveways. Pursuant to Eagle City Code Sections 8-1-2 and 9-1-6, the definition of open space
(reads in part) is an area platted as a common lot which is substantially open to the sky,
exclusive of streets, and shall be designated and intended as a usable and convenient amenity
for the residences of the proposed development. Although Lot 17, Block 42, is the largest
common lot it is not a usable and convenient amenity for the residents of the development.
The main purpose of Lot 17, Block 42, is to provide an area for the adjacent property owners
to retain access to their properties. The preliminary plat, date stamped by the City on July 24,
2014, shows 10-residential lots located adjacent to Lot 17, Block 42, and the future residents
that would be residing on these properties will have a driveway located within the common lot
behind the residence, eight (8) of those residents will have a gravel driveway located behind
their residence. It should be noted that the city has not approved access across common lots
(with the exception of private streets) that are contained within a common area maintained by
the users of the private street. Also, pursuant to Eagle City Code Section 9-3-8(D)(4) the
applicant must identify the owner of the open space and entity, who is responsible for
maintaining the open space and facilities located thereon. In this case, will the homeowner's
association be responsible for the operation and maintenance of the driveways and/or dust
control or will the actual users of the driveways? The applicant should be required to provide a
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revised preliminary plat showing a minimum 18% open space that is not encumbered by
driveways. The revised preliminary plat should be provided prior to submittal of a final plat
application.
The applicant's narrative, date stamped by the City on May 22, 2014, indicates they have
worked with the adjacent property owners (Smith/Eauclaire) located east of the proposed
development to arrange a relinquishment of the existing easement in exchange for a new
easement to match the actual driveway location. The applicant should provide a revised
preliminary plat that shows the driveways located within Lot 17, Block 42, to be located
within easements. The revised preliminary plat should contain a plat note referencing the
instrument numbers associated with the driveway easements. The revised preliminary plat
should be provided prior to submittal of a final plat application.
• The preliminary plat, date stamped by the City on July 24, 2014, shows a typical street section
with five-foot (5') wide attached sidewalks located on each side of the street. Pursuant to
Eagle City Code Section 9-4-1-6(F), sidewalks are required to be separated from the edge of
the abutting roadway and/or back of curb by a minimum eight-foot (8') wide landscape strip.
The narrative provided by the applicant indicated that the original Banbury Meadows
Subdivision is developed with rolled curb and attached sidewalks and they wanted to provide a
seamless transition from the original subdivision. The original Banbury Meadows Subdivision
was approved prior to separated sidewalks being required within subdivisions. The applicant
should provide a revised preliminary plat showing sidewalks separated from the back of curb
by an eight-foot wide planter strip. The revised preliminary plat should be provided prior to
the submittal of a final plat application.
• The preliminary plat, date stamped by the City on July 24, 2014, shows W. Hampton Bay
Drive providing access to the subdivision from W. Chipper Way. The applicant owns the
common lot (Lot 1, Block 40, Banbury Meadows Subdivision No. 5) located between the
subject property and W. Chipper Way. The applicant is proposing to construct W. Hampton
Bay Drive from W. Chipper Way across the common lot to provide access to the subject
property. The applicant should be required to provide documentation from ACRD accepting
the W. Hampton Drive right-of-way dedication or dedication of easement across Lot 1, Block
40, Banbury Meadows No. 5,prior to the City Clerk signing the final plat.
• There are currently agricultural activities being conducted on properties located adjacent to or
in proximity to the subject property. The preliminary plat, date stamped by the City on July 24,
2014, does not contain a plat note in regard to the adjacent uses or the provision for the right
to farm. The applicant should provide a revised preliminary plat containing a new plat note
indicating, "This development recognizes Section 22-4503 of the Idaho Code, Right to Farm
Act, which states: "No agricultural operation, agricultural facility or expansion thereof shall be
or become a nuisance, private or public, by any changed conditions in or about the
surrounding nonagricultural activities after it has been in operation for more than one year,
when the operation, facility or expansion was not a nuisance at the time it began or was
constructed. The provisions of this section shall not apply when a nuisance results from the
improper or negligent operation of an agricultural operation, agricultural facility or expansion
thereof." The revised preliminary plat should be provided prior to submittal of a final plat
application.
• The preliminary plat, date stamped by the City on July 24, 2014, does not delineate pathways
located within the common areas, however, the narrative indicates that a five-foot (5') wide
concrete pathway will be provided within the centrally located common area (Lot 1, Block
41). Pursuant to Eagle City Code Section 9-4-1-6(D) micropathways located within
subdivisions which are designed for primary use by the residences of the subdivision shall be a
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minimum eight-foot (8') wide. In an area where low volume pedestrian traffic is anticipated
the council may consider a reduction in pathway width to six-feet(6'). It is anticipated that the
only pedestrian traffic that will be utilizing a pathway within the centrally located common
area will be the residences of the subdivision. The applicant should provide a revised
preliminary plat delineating a six-foot (6') wide pathway located within Lot 1, Block 41. The
revised preliminary plat should be provided prior to submittal of a final plat application.
• The applicant's narrative, date stamped by the City on May 22, 2014, indicates the developer
has been working with the Banbury Meadows Homeowners' Association President and Board
on problems associated with the irrigation pump station. The narrative goes on to state that the
developer is working with the HOA on an abandonment plan for the existing irrigation pump
station located within Banbury Meadows Subdivision and coordinating the construction of a
new pressure irrigation station that would provide service to Banbury Meadows Subdivision
with additional capacity to serve Banbury Meadows No. 8. Should the applicant connect the
Banbury Meadows Subdivision pressurized irrigation system with the irrigation system serving
Banbury Meadows Subdivision No. 8 the applicant should provide documentation from the
Banbury Meadows Subdivision Homeowners' Association approving the pressurized
irrigation system. The documentation should be provided prior to the City Council approving
the final plat.
• The applicant's narrative, date stamped by the City on May 22, 2014, indicates that a
homeowners' association consisting of Banbury Meadows residents will administer the
CC&Rs as well as oversee the management and maintenance of the community's landscape
and pressurized irrigation system. Also, the narrative indicates that the homes and exterior
improvements must be approved through the Banbury Meadows Architectural Review
Committee. The applicant should provide documentation indicating the Banbury Meadows
Homeowners Association has annexed Banbury Meadows Subdivision No. 8 into the Banbury
Meadows Homeowners Association prior to the City Clerk signing the final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Annexation,
Rezone and Preliminary Plat with conditions as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on March
17, 2014. The Commission continued the item to April 21, 2014, at which time the applications were
remanded to staff until further notice. The applications were re-noticed and came before the Planning
and Zoning Commission for their consideration on September 15, 2014, 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 by no one to the Planning and Zoning
Commission.
C. Oral testimony in favor of the application was presented by no one (other than the
applicant/representative).
D. Oral testimony neither in favor of nor opposed to this proposal was presented to the Planning and
Zoning Commission by three(3) individuals who expressed the following concerns:
• The applicant is proposing to connect the new development's pressurized irrigation system
into the existing Banbury Meadows Subdivision pressurized irrigation system. Pump #3 of the
existing system does not work properly and will not support 26 new homes.
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• The applicant is proposing to combine the Banbury Meadows Subdivision No. 8 HOA with
the Banbury Meadows Subdivision HOA. There is a concern regarding funding for the
operation and maintenance of the additional open space being proposed with the new
development. The individual indicated that the homeowners residing within the existing
Banbury Meadows Subdivision should not have to pay to maintain open space that will not
benefit the existing residents residing within Banbury Meadows Subdivision.
• The developer should be required to change the name of Oakhampton Drive to be located
within the new development since it is not in alignment with the existing Oakhampton Drive
located within Banbury Meadows Subdivision.
• The proposed Banbury Meadows Subdivision No. 8 was not a part of the original Banbury
Meadows Planned Unit Development approvals.
• Banbury Meadows Subdivision No. 8 will only be incorporated into the existing Banbury
Meadows Subdivision HOA with a vote of approval from those members.
• The existing access easements (located within the property) providing access to the adjacent
properties will need to remain in place allowing the adjacent property owners to gain access to
their respective properties.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The Comprehensive Plan is a guiding document and by reducing the lot count from 26 to
24 the density of the development will be 2.03/dwelling units per acre which is in
conformance with the Comprehensive Plan Land Use Map designation of Residential
Two.
• The development will be harmonious with the existing development.
• The proposed lot sizes fit well with the adjacent properties.
• The subdivision will be a good addition to the community.
• Due to the irregular shape of the parcel the Commission understood the difficulty for the
applicant to maximize the number of lots and design a project that is similar to the existing
Banbury Meadows Subdivision.
• The applicant is willing to improve the Banbury Meadows Subdivision pressurized
irrigation system to allow the new system to be combined with the existing system.
COMMISSION DECISION REGARDING THE ANNEXATION/REZONE:
The Commission voted 5 to 0 to recommend approval of A-02-14/RZ-02-14 for an annexation and
rezone from RUT and A-R to R-3-DA for Banbury Meadows, LLC,with conditions of development to
be placed in a development agreement as provided within their findings of fact and conclusions of law,
dated October 6, 2014.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 recommend approval of PP-01-14 for a preliminary plat for Banbury
Meadows Subdivision No. 8 for Banbury Meadows, LLC, with the site specific conditions of approval
and standard conditions of approval provided within their findings of fact and conclusions of law,
dated October 6, 2014.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 10, 2014, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
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B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor of nor opposed to this proposal was presented to the City Council by
four (4) individuals who indicated that, to date, the Banbury Meadows Homeowner's Association are
undecided regarding incorporating the proposed development into the Banbury Meadows
Homeowner's Association. They are concerned with the pressurized irrigation system and the
requirement of maintaining the common area that will not provide a benefit to the residents residing
within Banbury Meadows Subdivision. The individuals also were concerned with the proposed
language to be placed within the development agreement in regard to incorporation into the existing
homeowner's association.
COUNCIL DECISION REGARDING THE ANNEXATION/REZONE:
The Council voted 4 to 0 to approve A-02-14/RZ-02-14 for an annexation and rezone from RUT and
A-R to R-3-DA for Banbury Meadows, LLC, with the following Planning and Zoning Commission
recommended conditions to be placed within a development agreement with underline text to be added
by the Council:
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 Should the applicant choose to be annexed into the Banbury Meadows Homeowner's Association
and the association accepts annexation the applicant shall be required to pProvide
documentation indicating the Banbury Meadows Homeowner's Association has annexed
Banbury Meadows Subdivision No. 8 into the Banbury Meadows Homeowner's Association
prior to the City Clerk signing the final plat.
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 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.
(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.
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(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.
3.5 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.
3.6 Provide documentation from ACRD accepting the W. Hampton Drive right-of-way dedication or
dedication of easement across Lot 1, Block 40, Banbury Meadows No. 5, prior to the City Clerk
signing the final plat.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP-01-14 for a preliminary plat for Banbury Meadows
Subdivision No. 8 for Banbury Meadows, LLC, with the following Planning and Zoning Commission
site specific conditions of approval and standard conditions of approval with underline text to be added
by the Council and strike through text to be deleted by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. The applicant shall submit payment to the City for all outstanding Engineering and Legal fees
incurred by the City in obtaining a review of this project upon receipt of an invoice(s) by the
City prior to the submittal of a final plat application.
3. The applicant shall provide a revised preliminary plat showing three (3) two (2) residential lots
-•• . . . . . . .. '-. •. . The open space lot located within the
center of the subdivision shall include an economical landscape design due to the extensive
surrounding open space.
4. Provide a revised preliminary plat showing a minimum 18% open space that is not encumbered
by driveways. The revised preliminary plat shall be provided prior to submittal of a final plat
application.
5. Provide a revised preliminary plat that shows the driveways located within Lot 17, Block 42, to
be located within easements. The revised preliminary plat shall contain a plat note referencing
the instrument numbers associated with the driveway easements. The revised preliminary plat
shall be provided prior to submittal of a final plat application.
6. Provide a revised preliminary plat showing the sidewalks separated from the back of curb by an
eight-foot wide planter strip. The revised preliminary plat shall be provided prior to the submittal
of a final plat application.
7. Provide a revised preliminary plat delineating a six-foot (6') wide pathway located within Lot 1,
Block 41. The revised preliminary plat shall be provided prior to submittal of a final plat
application.
8. Should the applicant connect the Banbury Meadows Subdivision pressurized irrigation system
with the irrigation system serving Banbury Meadows Subdivision No. 8 the applicant shall
provide documentation from the Banbury Meadows Subdivision Homeowners' Association
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approving the pressurized irrigation system. The documentation shall be provided prior to the
City Clerk signing the final plat.
9. Provide a revised preliminary plat containing a new plat note indicating, "This development
recognizes Section 22-4503 of the Idaho Code,Right to Farm Act, which states: "No agricultural
operation, agricultural facility or expansion thereof shall be or become a nuisance, private or
public, by any changed conditions in or about the surrounding nonagricultural activities after it
has been in operation for more than one year, when the operation, facility or expansion was not a
nuisance at the time it began or was constructed. The provisions of this section shall not apply
when a nuisance results from the improper or negligent operation of an agricultural operation,
agricultural facility or expansion thereof." The revised preliminary plat shall be provided prior to
submittal of a final plat application.
10. The applicant shall submit a design review application showing: 1) proposed subdivision
signage, 2)planting details within the proposed and required landscape islands and knuckles and
all common areas throughout the subdivision, 3) building elevations for all proposed common
area structures 4) landscape screening details of the irrigation pump house, and 5) useable
amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos,
and/or similar amenities, The design review application shall be reviewed and approved by the
Design Review Board prior to the submittal of a final plat application.
11. 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 generally at each side property line, or as approved by the Design
Review Board. The trees shall be located in an 8-foot wide landscape strip between the 5-foot
wide concrete sidewalk and the curb. Prior to the issuance of any occupancy permits for the
homes, all required trees, sod, and irrigation shall be installed within landscape strips. A
temporary occupancy may be issued if weather does not permit landscaping however, a surety in
accordance with Eagle City Code Section 9-4-2-2 for 150% of the cost of the installation of all
landscape and irrigation improvements shall be provided to the City.
12. Provide a revised preliminary plat containing a new plat note indicating, "This development
recognizes Section 22 4503 of the Idaho Code, Right to Farm Act,which states: "No agricultural
operation, agricultural facility or expansion thereof shall be or become a nuisance, private or
agricultural facility or expansion thereof."The revised preliminary plat shall be provided prior to
13. 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 the City Clerk signing the
final plat.
14. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat
application indicating that the Banbury Meadows Subdivision No. 8 Homeowner's Association
is responsible for all maintenance of the common landscape areas in the subdivision. The
CC&Rs for the Banbury Meadows Subdivision No. 8 Homeowner's Association shall provide
that the association shall have the duty to maintain and operate all of the common landscape
areas in the subdivision in a competent and attractive manner, including the watering, mowing,
fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity.
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15. Any stub street which is expected to be extended in the future shall be provided with a sign
generally stating that, "This Street is to be extended in the future."
16. 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.
17. The applicant shall install at the entrances to the Banbury Meadows Subdivision No. 8 a 4' x 4'
plywood or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs
being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud
music, and no dogs off leash. The signs shall be installed prior to the issuance of any building
permits.
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. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and 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.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
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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, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, 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. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch,pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. 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.
14. 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.
15. 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.
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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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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".
22. 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.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
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25. 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.
26. Basements in homes in the flood plain are prohibited.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
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36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground)noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, Wednesday, October 16, 2013, at Eagle City Hall
(Freedom Room) in compliance with the application submittal requirement of Eagle City Code. The
revised applications for this item were received by the City of Eagle on February 4, 2014. Revised
preliminary plats were submitted on March 5, May 22, June 11, and July 24, 2014.
2. 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 25, 2014. 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 22, 2014. Requests for agencies' reviews
were transmitted on February 7, 2014, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on August 8, 2014.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on October 13,
2014. 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 October 10, 2014. The site was posted in accordance with the Eagle City
Code on October 17, 2014.
3. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-02-14/RZ-02-14) 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 with a development agreement)
complies with the Residential Two designation as shown on the Comprehensive Plan Land
Use Map since the density approved will not exceed 2.20 units per acre; 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 a single-family residential subdivision on this property under the proposed
zone;
c. The proposed R-3-DA (Residential with a development agreement) zoning district is
compatible with the R-2-P (Residential — PUD) zone and land use to the north since this area
is designated Residential Two in the Comprehensive Plan and is developed in a similar
manner as the proposed development; and
d. The proposed R-3-DA (Residential with a development agreement) zoning district is
compatible with the R-1 (Residential) and A-R (Agricultural-Residential) zones and land uses
to the south since these areas is designated as Residential One in the Comprehensive Plan and
due to the difference in topography and a common lot being located adjacent to the proposed
development the proposed development will be compatible; and
e. The proposed R-3-DA (Residential with a development agreement) zoning district is
compatible with the R-2-P (Residential—PUD) zone and land use to the east since this area is
designated Residential Two in the Comprehensive Plan and is developed in a similar manner
as the proposed development; and
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f. The proposed R-3-DA (Residential with a development agreement) zoning district RUT
(Rural-Urban Transition - Ada County designation) zone and land use to the west since this
area is designated Residential Two in the Comprehensive Plan and could be developed in a
similar manner as the proposed development; and
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-01-
14) 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 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 Two 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 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 Meridian and
Eagle Fire Districts 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 Council's
attention have been adequately addressed by the applicant or will be conditions of approval as
set forth within the conditions of approval herein.
Page 21 of 22
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DATED this 25th day of November, 2014
CITY COUNCIL
OF THE CITY OF EAGLE ssssss•sssss.,,,�
Ada County, Idaho G`,`. �O 0C.ovRiA
2, 1',
J.mes D. Reynolds, lay s� i SEAL i
ATTEST: •4 7 � �.•��'
IS) %s
Sharon . Bergmann, Eagle City C erk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 22 of 22
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