Findings - CC - 2015 - A-03-15/RZ-06-15/PP-05-15 - Rz From Rut To Mu-Da In Lieu Of Pud/Springhouse Subd/58 Lot/18.39 AcreBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR ANNEXATION, REZONE WITH A )
DEVELOPMENT AGREEMENT )
(DEVELOPMENT AGREEMENT IN LIEU OF )
A PUD), AND PRELIMINARY PLAT FOR )
SPRINGHOUSE SUBDIVISION FOR )
CBH HOMES, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A- 03- 15/RZ -06 -15 & PP -05 -15
The above - entitled annexation, rezone with a development agreement (development agreement in lieu of a
PUD) and preliminary plat applications came before the Eagle City Council for their action on September
22, 2015. 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:
CBH Homes, Inc., represented by Scott Wonders with J -U -B Engineers, Inc., is requesting an
annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA
(Mixed Use with a development agreement in lieu of a PUD) and preliminary plat approvals for
Springhouse Subdivision, a 58 -lot (52- buildable, 6- common) residential subdivision. The 18.39 -
acre site is generally located on the west side of North Park Lane approximately 750 -feet north of
the intersection of State Highway 44 and North Park Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (Freedom Room), Wednesday, at 6:00 PM,
May 20, 2015, in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on May 26, 2015. A revised preliminary
plat was provided on July 22, 2015.
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 July 27, 2015. 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 July 23, 2015. The site was posted in
accordance with the Eagle City Code on July 31, 2015. Requests for agencies' reviews were
transmitted on, June 10, 2015, in accordance with the requirements of the Eagle City Code.
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
August 31, 2015. 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 26, 2015. The site was posted in
accordance with the Eagle City Code on September 11, 2015.
Page I of 24
KAPlanning Dept\Eagle Applications \SUBS\2015 \Springhouse Sub ccf doc
D. HISTORY OF PREVIOUS ACTIONS:
On June 16, 2015, the Director of Ada County Development Services approved a One Time
Division (OTD) for D. Keith and Ona L. Ricks Revocable Trust represented by Kristi Watkins
with J -U -B Engineers, Inc. (Project No.201500866 OTD)
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is not located within the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site —18.39
Total Number of Lots - 58
Total Number of Units -
Residential - 52
Commercial - 0
Industrial - 0
Common - 6
Single - family - 52
Duplex - 0
Multi - family - 0
Total Acreage of Any Out - Parcels — none
Page 2 of 24
KAPlanning Dept\Eagle Applications \SUBS\2015 \Springbouse Sub ccf.doc
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use
RUT (Rural -Urban Transition
Vacant
— Ada County designation)
Proposed
No Change
MU -DA (Mixed Use with
Single - Family Residential
Development Agreement [in
Subdivision
Lieu of a PUD])
North of site
Residential Three
R -3 -DA (Residential with a
Single- Family Residential
development agreement)
(Kathleen Estates
Subdivision)
South of site
Mixed Use
RUT (Rural -Urban Transition
Single - Family Residence
— Ada County designation)
and Agriculture
East of site
Mixed Use
MU-DA (Mixed Use with
Park Lane and Single -
Development Agreement [in
Family Residence (Flint
lieu of a PUD])
Estates Subdivision)
West of site
Residential Three
R -2 -DA (Residential with a
Single - Family Residential
development agreement)
(Sedona Creek Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is not located within the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site —18.39
Total Number of Lots - 58
Total Number of Units -
Residential - 52
Commercial - 0
Industrial - 0
Common - 6
Single - family - 52
Duplex - 0
Multi - family - 0
Total Acreage of Any Out - Parcels — none
Page 2 of 24
KAPlanning Dept\Eagle Applications \SUBS\2015 \Springbouse Sub ccf.doc
ADDITIONAL SITE DATA
PROPOSED
REQUIRED
Dwelling Units Per Gross Acre
2.83 -units per acre
3.00 -units per acre maximum
Minimum Lot Size
8,018 - square feet
5,000- square feet
Minimum Lot Width
70 -feet
50 -feet
Minimum Street Frontage
35 -feet
35 -feet
Total Acreage of Common Area
3.68 -acres
3.68 -acres (minimum)
Percent of Site as Common Area
20%
20%
Except that, according to ECC Section
9 -3 -8 (C) the City may require
additional public and/or private park or
open space facilities in PUDs or in
subdivisions with 50 or more lots.
GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The eastern property line will be located adjacent to North Park Lane which is classified as a
collector. Pursuant to Eagle City Code, Section 8- 2A- 7(J)(4)(a) a thirty -five foot (35') wide buffer
area with a minimum five to eight foot (5' to 8') high berm, decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall, or combination thereof shall be provided
within the buffer area.
Open Space:
A total of 3.68 -acres of open space is proposed with the residential subdivision. The open space
consists of planter strips, open areas (with pathways), and the buffer berm located adjacent to
North Park Lane. A minimum of 20% is required except that, according to ECC Section 9 -3 -8 (C)
the City may require additional public and/or private park or open space facilities in PUDs.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC &R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9 -3 -6 requires utility easements to be not less than 12 -feet wide, except
that lesser easement widths, to coincide with respective setbacks, may be considered as part of a
planned unit development (PUD). The applicant is requesting a MU -DA (Mixed Use with a
development agreement [in lieu of a PUD]) zoning designation. The applicant is also requesting a
five -foot (5') wide easement width adjacent to the interior lot lines.
Page 3 of 24
KAPlanning DeptTagle App lications \SUBS\2015\Springhouse Sub eddoc
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On -site Septic System (yes or no) — No
Pressurized Irrigation:
The development will have a pressurized irrigation system with water supplied by the Ballentyne
Ditch Company. The applicant submitted a pressurized irrigation report that meets the
requirements of the City of Eagle Pressure Irrigation Standards (EPIS).
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.
STREET DESIGN:
Public Streets:
The preliminary plat, date stamped by the City on July 22, 2015, contains a typical street section
that shows the internal local roadways with a fifty foot (50') wide right -of -way with a thirty six
foot (36') wide street section (back of curb to back of curb) with rolled curbing, and seven feet (7')
of the eight foot (8') wide planter strip located within the right -of -way.
Applicant's Justification for Private Streets (if proposed):
No private streets are proposed
Blocks Less Than 500': None
Cul -de -sac Design:
No cul -de -sacs are proposed
Sidewalks:
The applicant is proposing five -foot (5') wide detached sidewalks to be located on both sides of
the street throughout the development. The sidewalks are proposed to be located outside of the
dedicated right -of -way.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Page 4 of 24
KAPlanning Dept\Eagle Applications \SUBS\2015\Springhouse Sub cddoc
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF -SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat, date stamped by the City on July 22, 2015, shows six foot (6') wide
pathways located within the central common lot (Lot 1, Block 3) and located within the common
lots located adjacent to the southern boundary of the development (Lots 1, Blocks 2 and 4).
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. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — None
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — No
Riparian Vegetation — No
Steep Slopes —No
Stream/Creek — No
Unique Animal Life — No
Unique Plant Life — No
Unstable Soils —No
Wildlife Habitat — No
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 July 22, 2015 are of special
concern (attached to the staff report).
Ada County Highway District
Ballentyne Ditch Company
Central District Health
Eagle Fire Department
Republic Services
Tesoro Logistics NW Pipeline
Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Email correspondence received from Jason Taylor, dated August 10, 2015.
Page 5 of 24
KAPlanning Dept\Eagle Applica [ions \SUBS\2015 \Springhouse Sub eddoc
Correspondence received from Shadow Ridge Neighborhood Association, date stamped by the
City on August 13, 2015.
Correspondence received from Teresita Garcia - Limberg, date stamped by the City on September,
2015.
Correspondence received from Shadow Ridge Neighborhood Association, date stamped by the
City on September 17, 2015.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or Development
Agreement process, see specific planning area text for a complete description.
6.8.1 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community commercial,
professional office, and a variety of residential densities. The vision for the area is to recognize the
activity center created by Eagle High School and existing development approved by Ada County
and to provide compatible land uses at densities that accommodate pedestrian scale design and
future mass transit.
A. Uses
The land use and development policies specific to the Park Lane Planning Area include the
following:
6. The area located on the northwest corner of State Highway 44 and Park Lane is designated
Mixed Use for the southern 17- acres, transitioning to residential, 3 units per acre for the
northern portion of the property. The transition area between the mixed use and the
residential area shall be reviewed and conditioned by the City through the use of a
development agreement at the time of rezone.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code 8 -2 -1: Districts Established, Purposes and Restrictions:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office, limited commercial, and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure
assemblage of properties in a unified plan with coordinated and harmonious development
which shall promote outstanding design without unsightly and unsafe strip commercial
development. Uses should complement the uses allowed within the CBD zoning district. All
development requiring a conditional use permit in the MU zoning district, as shown in
section 8 -2 -3 of this chapter, shall occur under the PUD and/or development agreement
Page 6 of 24
KAPlanning Dept\Eagle Applications \SUBS\2015VSpringhouse Sub cddoc
process in accordance with chapter 6 or 10 of this title unless the proposed development does
not meet the area requirements as set forth in section 8- 6 -5 -lof this title. In that case a
cooperative development, in conjunction with adjacent parcels (to meet the minimum area
requirements), shall be encouraged. Otherwise a conditional use permit shall be required
unless the proposed use is shown as a permitted use in the MU zoning district within
section 8 -2 -3 of this chapter. Residential densities shall not exceed twenty (20) dwelling units
per gross acre. When a property is being proposed for rezone to the MU zoning district, a
development agreement may be utilized in lieu of the PUD and/or conditional use process if
approved by the city council, provided the development agreement includes conditions of
development that are required during the PUD and conditional use process. (Ord. 673, 11 -27-
2012)
• Eagle City Code Section 8 -2 -4 Schedule of Building Height and Lot Area Requirements:
Zoning
Maximum
Front
Rear
Interior
Street
Maximum
Minimum Lot
Minimum
District
Height
Side
Side
Lot Covered
Area (Acres Or
Lot
Sq. Ft.) G And
Width I*
H*
1V1L�
35'
20'
20'
7.5'
20'
15,000
50'
G. All front load garages shall be set back a minimum of 25 feet from the back of
sidewalk.
• Eagle City Code Section 8 -2A -7 (J) Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to
physically separate and visually screen adjacent land uses which are not fully compatible
due to differing facilities, activities, or different intensities of use, such as townhouses and
a convenience store, or a high volume roadway and residential dwellings.
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi - family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way line of
the adjacent roadway. This buffer is required as part of the common area open space
owned and maintained by a homeowners' association. Any landscaping proposed to be
within the public right of way shall not be included as a part of the buffer area required
below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway (measured at the centerline) to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing.
are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of
way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2) flowering/ornamental trees,
provided that not more than fifty percent (50 %) of the shade trees are substituted.
Page 7 of 24
KAPlanning Dept\Eagle Appfica tions\SUBS\2015\Springhouse Sub cddoc
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided in combination with the berm, a four foot (4') wide flat area
shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9 -1 -6: Rules and Definitions:
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which
normally includes streets, sidewalks and other public utilities or service areas.
• Eagle City Code Section 9 -3 -6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Total easement width shall not be less than twelve feet (12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of
the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9 -3 -8 Public Sites and Open Spaces:
4. Ownership And Management Of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open space
who is responsible for maintaining the open space and facilities located thereon. If a
homeowners' association is the owner, membership in the association shall be
mandatory and automatic for all homeowners of the subdivision and their successors.
If a homeowners' association is the owner, the homeowners' association shall have lien
authority to ensure the collection of dues from all members. The responsibility for
maintaining the open space and any facilities located thereon shall be borne by the
owner.
b. Management Plan: Applicant shall submit a plan for management of open space and
common facilities (plan) that:
(1) Allocates responsibility and guidelines for the maintenance and operation of the
open space and any facilities located thereon, including provisions for ongoing
maintenance and for long term capital improvements;
(2) Estimates the costs and staffing requirements needed for maintenance and
operation of, and insurance for, the open space and outlines the means by which
such funding will be obtained or provided;
(3) Provides that any changes to the plan be approved by the city council; and
(4) Provides for enforcement of the plan.
Page 8 of 24
KAPlanning Dept\Eagle Appbcations\SUBS\2015\Springhouse Sub cd.doc
• Eagle City Code Section 9 -3 -10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style,
durable fencing material. Specific buffer area fences and decorative walls may be allowed as
otherwise required in subsection 8 -2A -7J of this code. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated areas.
A section within the subdivision CC &Rs shall be created for the regulation of fences to this
effect.
• Eagle City Code Section 9- 4 -1 -6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
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.
• Eagle City Code Section 9 -5 -4: Planned Unit Development Subdivisions:
A planned unit development is a mechanism by which the city may permit a variety in type,
design, and arrangement of structures; and enable the coordination of project characteristics
with features of a particular site in a manner consistent with the public health, safety and
welfare. A planned unit development allows for innovations and special features in site
development, including the location of structures, conservation of natural land features,
conservation of energy and efficient utilization of open space. Large scale developments as
defined herein shall be submitted as planned unit developments.
D. DISCUSSION:
The Eagle Comprehensive Plan Land Use Map designates the property as Mixed Use. The
applicant has submitted an annexation, rezone, and preliminary plat applications for
Springhouse Subdivision, which consists of 18.39 - acres. The applicant is proposing a 58 -lot
(52- buildable, 6- common) residential subdivision. The proposed density of the project is 2.83 -
dwelling units per acre. The building lots range in size from 8,018 - square feet to 14,219 -
square feet in size. Since the property is designated Mixed Use and the applicant is requesting
a MU (Mixed Use) zoning designation, a development agreement will be utilized in lieu of a
planned unit development.
As previously mentioned, the applicant is utilizing a development agreement in lieu of a PUD,
therefore, the development agreement should contain Conditions of Development associated
with the design and construction of the subdivision and the operation and maintenance of the
common areas, pressurized irrigation, building elevations associated with the required
architecture of the residential units, etc. The preliminary plat, date stamped by the City on July
22, 2015, does not contain a plat note referencing that the development is subject to the
Conditions of Development associated with the rezone. The applicant should be required to
provide a revised preliminary plat with a new plat note stating, "Development of this property
Page 9 of 24
KAPlanning Dept\E.agle Applications \SUBS\2015\Springhouse Sub eddoc
shall be in conformance with Eagle City Code or as pursuant to the applicable approved
development agreement associated with RZ- 06 -15." The revised preliminary plat should be
provided prior to submittal of a final plat application.
The subject parcel is a portion of a larger parcel that is currently utilized for agricultural
operations. It is unknown if the agricultural operations currently being conducted on the
southern portion of the property will terminate with the development of the proposed
subdivision. The preliminary plat, date stamped by the City on July 22, 2015, does not contain
a plat note referencing Idaho Code Section 22 -4503, in regard to Right to Farm. The applicant
should be required to provide a revised preliminary plat with a new plat note that indicates,
"This development recognizes Idaho Code Section 22 -4503, Right to Farm, 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 (1) 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 property associated with the proposed subdivision is currently 37.03 -acres in size. The
applicant submitted a One -Time Division (OTD) application (Project No. 201500866 OTD) to
Ada County Development Services to divide the original parcel into two (2) separate parcels,
consisting of North Parcel #1 proposed to be 18.39 -acres (subject parcel) in size and South
Parcel #2 to be 18.94 -acres in size. The applicant received tentative approval of the OTD on
June 16, 2015, and is required to record a record -of- survey and new deeds with legal
descriptions within one (1) year of the tentative approval. Upon completion of the Ada County
Development Services One -Time Division (Project No. 201500866 OTD) Conditions of
Approval the applicant should provide a copy of the final approval letter to the city prior to
submittal of a final plat application.
Pursuant to Eagle City Code Section 8- 6- 5- 5(A)(3), setbacks for modified lot sizes shall
conform with the closest compatible base zone identified in Eagle City Code Section 8 -2 -4.
The proposed setbacks as shown on the preliminary plat, date stamped by the City on July 22,
2015, indicates the following setbacks:
Front 20 -feet
Rear 25 -feet
Interior Side 5 -feet
Pursuant to Eagle City Code Section 8 -2 -4, the following setbacks are required within the MU
(Mixed Use):
Front 20 -feet
Rear 20 -feet
Interior Side 7.5 -feet (first story) /12.5 -feet (second story)
Street Side 20 -feet
Maximum Lot Coverage 50%
* A single - family dwelling that utilizes a side entry garage shall be permitted to have a 5 -foot
reduction in the minimum required front yard setback provided that the distance in no less
than 15 -feet within the MU zoning district.
Page 10 of 24
KAPlanning Dept\Eagle Applications \SUHS\2015\Springhouse Sub ccf.doc
*Note: All front load garages shall be setback a minimum of 25 -feet from the back of
sidewalk.
Pursuant to Eagle City Code Section 8 -2 -4 (G), front loaded garages are required to be setback
25 -feet from the back of sidewalk. The maximum lot coverage should be 50% as is required
pursuant to Eagle City Code Section 8 -2 -4.
The preliminary plat, date stamped on July 22, 2015, shows a typical street section for the
interior roads with one foot (1') of the eight foot (8') wide planter strip and the five foot (5')
wide detached sidewalk located within the buildable lots. Based on the twenty foot (20') wide
front setback measured from the property line a garage could be constructed within fourteen
feet (14') of the back of the sidewalk. If a front loading garage was constructed twenty feet
(20') from the front property line there would be a possibility that vehicles parked in the
driveway outside of the garage could potentially overhang the sidewalk area.
It is staff's opinion that based on the size of the lots and the location of the detached sidewalk
the following setbacks and maximum coverage for this development should be required:
Front 20- feet/living area, 25- feet/garage (front load)
Rear 20 -feet
Interior Side 5 -feet (first story) /10 -feet (second story)
Maximum coverage 50%
Plat note #2 of the preliminary plat, date stamped by the City on July 22, 2015, identifies the
common/drainage lots of the subdivision. However, the plat note does not identify who is
responsible for the maintenance of the common/drainage lots. Pursuant to Eagle City Code
Section 9- 3- 8(1))(4)(a), the applicant must identify who is responsible for maintaining open
space and the facilities located thereon. The applicant should provide a revised preliminary
plat with plat note #2 revised to read, "All lots are residential building lots except Lots 1 and
12, Block 1; Lot 1, Block 2; Lot 1, Block 3; Lots 1 and 18, Block 4, which are
common/drainage lots to be owned and maintained by the Springhouse Subdivision
Homeowner's Association. The revised preliminary plat should be provided prior to submittal
of a final plat application.
Plat note #9 of the preliminary plat, date stamped by the City on July 22, 2015, indicates that,
"Building setbacks and dimensional standards shall ne in accordance with the City of Eagle
standards and are as shown by tables on the plan." Since the applicant is requesting a
development agreement in lieu of a PUD the setbacks will be identified in the development
agreement. The applicant should provide a revised preliminary plat with plat note #9 revised to
read, "Minimum building setbacks lines shall be in accordance with Eagle City Code at the
time of issuance of a building permit or as specifically approved by the Conditions of
Development for RZ- 06 -15." 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 22, 2015, delineates and identifies the
pedestrian pathways located within the common lots to be six feet (6') in width. Pursuant to
Eagle City Code Section 9 -4 -1 -6 (13)(1), micropathways located within subdivisions which are
designed for the primary use by the residents of the subdivision shall be a minimum of eight
feet (8') in width, however, in an area where low volume is anticipated, the Council may
consider a reduction in pathway width to six feet (6'). Since the pathways are designed only
for the use of the residents of the subdivision staff would recommend that the interior
pathways be approved at six feet (6') in width.
The pathway located in proximity to the southern boundary of the development is located
Page 11 of 24
KAPlanning DeptTagle Applications\SUBS\2015\Springhouse Sub cc£doc
within the easement area for the drainage ditch located adjacent to the southern boundary of
the development. The drainage facility is controlled by Drainage District No. 2. The applicant
should be required to provide an executed License Agreement for any improvements to be
located within the Drainage District No. 2 easement area. The executed License Agreement
should be provided prior to the City Clerk signing the final plat.
The preliminary plat, date stamped by the City on July 22, 2015, identifies pressurized
irrigation lines, pressurized irrigation pond, pressurized irrigation pump station, and several
storm drain facilities to be located within the common areas. These facilities are located
outside of the easements identified within the plat notes. The applicant should be required to
provide a revised preliminary plat with a new plat note that indicates "All common lots shall
have a blanket public utilities, drainage, and pressurized irrigation easement." The revised
preliminary plat should be provided prior to submittal of a final plat application.
Ballentyne Ditch Company provided correspondence, date stamped by the City on August 6,
2015, providing requirements associated with the irrigation facilities located on the site. The
applicant should be required to comply with all requirements of the Ballentyne Ditch
Company associated with irrigation facilities controlled by the Ballentyne Ditch Company.
Also, a License Agreement from Ballentyne Ditch Company should be provided for all
improvements within their easement area prior to the City Clerk signing the final plat.
The preliminary plat, date stamped by the City on July 22, 2015, does not identify the
locations of the proposed street lights for the development. The applicant should provide a
revised preliminary plat identifying the location of the proposed street lights prior to submittal
of a final plat application.
• The preliminary plat, date stamped by the City on July 22, 2015, identifies the storm drain
basins to be underground. In order to prevent the active open space from being reduced to
allow for the treatment of storm water the applicant should be required to construct all storm
water facilities underground as shown on the preliminary plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested annexation,
rezone with development agreement (development agreement in lieu of a PUD), and preliminary plat with
conditions of approval 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 August
17, 2015, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by one (1) individual who expressed the following concerns:
Due to the smaller lots located adjacent to Sedona Creek Subdivision the homes located within
Sedona Creek Subdivision may be reduced in value.
There is pipeline for irrigation located on his property and trees being planted in backyards located
adjacent to the west property line may impact the pipeline.
The size of the lots located adjacent to the west boundary of the proposed subdivision are not
compatible in size with the half acre lots in the existing subdivision located west of the proposed
subdivision.
Page 12 of 24
KAPlanning DeptTagle ApplicationASUBS 120151Springhouse Sub ccf.doc
D. Oral testimony neither in opposition nor in favor of the application was presented to the Planning and
Zoning Commission by three (3) individuals who indicated:
• Supports the applicant complying with the recommendations of the Ballentyne West Lateral Users
Association regarding the extension of the 24 -inch pipeline and tiling the lateral located on the
property.
• One (1) individual indicated the 24 -inch pipe is not large enough to handle the irrigation water that
may be routed through the pipe.
• Those who use the irrigation should be in attendance to testify.
• One (1) individual indicated that the ditch and lateral box is on their property. At this time their
fence runs around the lateral box, so that the ditch managers can maintain the flow. They would
like to know how the ditch and lateral box will be adjusted so they can fully utilize their property.
• The applicant's home building company is better known for quantity not quality.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• The development is designed well and compatible with the area.
• Supports the developer working cooperatively with the neighbors.
• The development shows sensitivity to design.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD):
The Commission voted 3 to 0 (Koellisch and Villegas absent) to recommend approval of A- 03- 15/RZ -06-
15 for an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU-
DA (Mixed Use with a development agreement [in lieu of PUD]) for CBH Homes, Inc. with conditions of
development to be placed within a development agreement as provided within their findings of fact and
conclusions of law, dated August 31, 2015.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Koellisch and Villegas absent) to recommend approval of PP -05 -15 for a
preliminary plat for Springhouse Subdivision for CBH Homes, Inc., with the site specific conditions of
approval and standard conditions of approval provided within their findings of fact and conclusions of law,
dated August 31, 2015.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 22, 2015, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/ representative).
C. Oral testimony in opposition of the application was presented to the City Council by no one.
D. Oral testimony neither in opposition nor in favor of the application was presented to the City Council
by four (4) individuals who indicated:
• Concern with the lateral that provides irrigation water to Eagle Creek and Sedona Creek
Subdivisions. The lots are not deep enough to accommodate trees located adjacent to a tiled lateral.
• The residents located within Sedona Creek Subdivision receive their irrigation water from the
drainage ditch. Due to the ditch being open it collects sediment that impacts their irrigation pumps.
Page 13 of 24
KAPlanning Dept\Eagle Applications\SUBS\201 S\.Springhouse Sub cddoc
The drainage ditch located adjacent to the southern boundary of the subject site should be tiled to
prevent sediment from entering the ditch.
• One (1) individual indicated that the north lateral should be tiled with a 30 -inch pipe to handle the
water for the Ballantyne Irrigation Ditch lateral located in proximity to the northern boundary of
the subject site.
• One (1) individual indicated a 24 -inch pipe for the north lateral would be sufficient.
• The applicant should be required to provide a device to measure the amount of irrigation water
being utilized.
• One (1) individual had a concern with the front setbacks and would like clarification and if they
are measured from the property line or back of the detached sidewalks.
• The applicant should be required to provide a tot lot within the common area.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD):
The Council voted 4 to 0 to approve A- 03- 15/RZ -06 -15 for an annexation and rezone from RUT (Rural -
Urban Transition — Ada County designation) to MU -DA (Mixed Use with a development agreement [in
lieu of PUD]) for CBH Homes, Inc. with the following Planning and Zoning Commission recommended
conditions of development to be placed within a development agreement within underline text to be added
by the Council and strike through text be deleted by the Council:
3.1 The maximum density for the Property shall be 2.83 - dwelling units per acre (52- single - family lots).
The minimum lot size shall be 7,000 - square feet in order to allow the southern lots to be reduced in
size so that the northern road can be redesigned to include some curvature. The revised preliminary
plat shall be reviewed and approved by staff prior to submittal of a design review application.
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding 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.
3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 The Setbacks shall be as follows:
Front 20- feet/living area, 25- feet/garage (front load) (setback shall be measured
from back of sidewalk)
Rear 20 -feet
Interior Side 5 -feet (first story) /10 -feet (second story)
Maximum coverage 50%
3.5 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an
operation and maintenance manual including the funding mechanism as an addendum to the
CC &Rs and the repair and maintenance requirement shall run with the land and that the
Page 14 of 24
KAPlanning Dept\Eagle Applications\SUBS\2015\Springhouse Sub cd..doc
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.
(c) A requirement that In the event any of the CC &Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC &Rs 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 &Rs unlawful, then in such event that portion shall be
deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
3.6 As provided by the applicant, the architecture as shown on Exhibit "D" shall be the required
architecture standard for the development. The applicant shall create an Architectural Control
Committee (ACC) as a component of the development's CC &Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC &Rs, and shall be reviewed and
approved by the City attorney prior to the approval of a condominium plat or issuance of a zoning
certificate, whichever occurs first.
3.7 The Owner shall be required to eenply work with all- mquiremeffts ef the Ballentyne Ditch Company
in order to determine the
proper pipe size for tiling of the laterals. Alse,
Diteh Gempany Balleabne West Later-a! Users Asseeiatien shall be pr-eVided fer- all ifflpr-evefflefAS
leeated within their- easement area pr-ier- te the City GIME signing the final plat.
3.8 The Owner shall provide an executed License Agreement for any improvements to be located within
the Drainage District No. 2 easement area. The executed license agreement shall be provided prior to
the City Clerk signing the final plat.
3.9 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 application.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP -05 -15 for a preliminary plat for Springhouse Subdivision for CBH
Homes, Inc., with the following Planning and Zoning Commission recommended 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 conditions within the development agreement for rezone application RZ- 06 -15.
2. Comply with all the requirements of the City Engineer with the exception of Site Specific Condition
1 a, noted within the engineer's letter, dated July 22, 2015. The applicant shall be permitted to provide
a twelve -foot (12') wide vehicular access easement for maintenance of the pressurized irri atg ion pond.
The applicant shall provide a revised preliminary plat showing the twelve -foot (12') wide easement
prior to submittal of a final plat application.
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])
Page 15 of 24
KAPlanning Dept\&4e Applications\SUBS\2015\Springhouse Sub cd.doc
4. Provide a revised preliminary plat with a new plat note stating, "Development of this property shall be
in conformance with Eagle City Code or as pursuant to the applicable approved development
agreement associated with RZ- 06 -15." The revised preliminary plat shall be provided prior to submittal
of a final plat application. (ECC 8 -2 -1)
Provide a revised preliminary plat with a new plat note that indicates, "This development recognizes
Idaho Code Section 22 -4503, Right to Farm, 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 (1) 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.
6. Upon completion of the Ada County Development Services One -Time Division (Project No.
201500866 OTD) Conditions of Approval the applicant shall provide a copy of the final approval
letter to the city prior to submittal of a final plat application.
7. Provide a revised preliminary plat with plat note #2 revised to read, "All lots are residential building
lots except Lots 1 and 12, Block 1; Lot 1, Block 2; Lot 1, Block 3; Lots 1 and 18, Block 4, which are
common/drainage lots to be owned and maintained by the Springhouse Subdivision Homeowner's
Association. The revised preliminary plat shall be provided prior to submittal of a final plat
application. (ECC 9- 3- 8[D][4][a])
8. Provide a revised preliminary plat with a new plat note that indicates "All common lots shall have a
blanket public utilities, drainage, and pressurized irrigation easement." The revised preliminary plat
shall be provided prior to submittal of a final plat application. (ECC 9 -3 -6)
9. Provide a revised preliminary plat with plat note #9 revised to read, "Minimum building setbacks lines
shall be in accordance with Eagle City Code at the time of issuance of a building permit or as
specifically approved by the Conditions of Development for RZ- 06 -15." The revised preliminary plat
shall be provided prior to submittal of a final plat application. (ECC 8 -2 -1 and ECC 8 -2 -4)
10. Provide a revised preliminary plat identifying the location of the proposed street lights prior to
submittal of a final plat application. (ECC 9- 4 -1 -5)
11. All storm drain basins shall be constructed underground.
12. 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
amenities shall include a tot lot. The design review application shall be reviewed and approved by the
Design Review Board prior to the submittal of a final plat application.
13. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal by the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to
protect all trees that are to be preserved, prior to the commencement of any construction on the site.
14. 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-
Page 16 of 24
KAPlanning Dept\Eagle Applications \SUBS\2015\Springhouse Sub ccf doc
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)
15. 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.
(ECC 9- 4 -1 -2)
16. The Springhouse Subdivision shall remain under the control of one Homeowners Association. (ECC 9-
3-8[D][4])
17. 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.
18. Signage shall be placed at appropriate locations to prohibit construction traffic from using the stub
street from the subdivision located to the north of the subject propeM. Appropriate locations shall be
determined by staff. Appropriate locations may also include the entry into Eagle Creek Subdivision
which intersects Park Lane.
19. The developer shall work with the property owner (Jason Taylor who provided correspondence to the
city) to determine the appropriate location of fencing between the subdivision boundary and Mr.
Taylor's property. The final fence design shall be reviewed and approved by the Design Review Board
prior to submittal of a final plat application.
20. The developer shall work with Drainage District No. 2 and the property owner to the south to tile the
ditch, and if an agreement cannot be reached, this item shall be discussed as part of the final plat
application.
21. The developer shall work with the two (2) adjacent subdivision homeowner's associations (i.e., Sedona
Creek and Eagle Creek) to determine what is needed for the irrigation ystem. The a�nlicant shall also
look into creating a water users group and that these details be brought back to the City Council at the
time of final plat for Council approval.
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.
Page 17 of 24
KAPlanning Dept\Eagle Applications \SUBS\20151Springhouse Sub ccf doc
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
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 &Rs 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.
Page 18 of 24
KAPlanning DeptTagle Applications \SUBS\2015\Springbouse Sub ccfdoc
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.
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 Parks and Pathways Development Commission
Page 19 of 24
KAPWining DeptTagle Applications \SUBS\20I5\Springhouse Sub cd.doc
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways
Development Commission 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 staff
and the City Engineer and shall be shown on the final plat prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
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.
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.
Page 20 of 24
KAPlanning DeptT -*e Applications\SUBS\2015 \.Springhouse Sub ccf.doc
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.
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. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
with a development agreement (A- 03- 15/RZ- 06 -15) with regard to Eagle City Code Section 8 -7 -5
"Action by the Commission and Council ", and based upon the information provided concludes that the
proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established goals
and objectives because:
a. The zoning designation of MU -DA (Mixed Use with a development agreement) is consistent with
the Mixed Use designation as shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site 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 MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
R -3 -DA (Residential with a development agreement) zone and land use to the north since that area
was developed with lots of similar size;
d. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
RUT (Rural Urban Transition — Ada County designation) zone and land use to the south since that
area may be developed in a similar manner as this development;
e. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
MU -DA (Mixed Use with a Development Agreement) zone and land use to the east since that area
may be developed in a similar manner as this development;
f. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
R -2 -DA (Residential with a development agreement) zone and land use to the west since the
proposed development is a residential subdivision with lots that are compatible in size with the
existing subdivision;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan;
h. No non - conforming uses are expected to be created with this rezone.
Page 21 of 24
KAPlanning DeptEngle Applications \SUBS12015\Springhouse Sub ccf.doc
2. The Council reviewed the particular facts and circumstances of this proposed development agreement
in lieu of a PUD, and based upon the information provided concludes that the proposed development is
in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. That the proposed development is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community because;
The intent of Springhouse Subdivision is to provide a residential project with a unique product,
which is a goal of the City of Eagle PUD ordinance.
b. The development will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
The development will be harmonious and appropriate in appearance with the existing subdivision
located on the adjacent properties to the north and west. The development will also connect to the
stub street located on the adjacent property located north of the proposed development; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
Springhouse Subdivision is proposed to be developed in a manner harmonious with existing and
future uses in the immediate vicinity since the site is being proposed in conformance with the
Comprehensive Plan and is compatible to the existing subdivisions located adjacent to the subject
property;
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The development is planned for residential similar to the character of the surrounding area, it is not
anticipated that any uses or activities will be detrimental to the surrounding properties upon
completion of the site work. Springhouse Subdivision will be served by North Park Lane; and
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools because;
All central services are either available to the site or will be as conditioned herein, as noted within
the letters provided by the agencies having jurisdiction over the site. Development of sewer, water,
drainage, streets, and other urban services will be provided at the developer's expense; and
f. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water, or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses;
g. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non -PUD proposal because;
The development plan was designed with consideration given to usable open space and pedestrian
pathways;
Page 22 of 24
KAPlanning Dept\Eagle Applications \SUBSt2015t.Springhouse Sub oddoc
h. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access to the development will be from North Park Lane (collector) to West Spring House Drive,
which provides access to the internal streets of the proposed development. The interior streets will
be public and will be constructed in conformance with standards pursuant to ACHD;
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
No natural, scenic, or historic features of major importance are known to exist on the site;
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development is in accordance with the Comprehensive Plan since the plan calls for
mixed use and the proposed density will have less of an impact than what is permitted for the area;
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
This application requests approval for a development agreement in lieu of a PUD as outlined in
Eagle City Code and satisfies those requirements as well as will be required to meet the conditions
herein. In addition, the developer will be required to submit an application for design review and
comply with all Eagle City Codes and conditions of approval of the design review;
That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because;
Residential is the only use approved for this development.
5. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP -05-
15) 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 MU -DA (Mixed
Use 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 Mixed Use and provides the required improvements for a subdivision or as may be conditioned
herein;
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 requirements of the proposed development agreement modification, standards
of Eagle City Code and the Eagle Architecture and Site Design book (EASD);
d. Will not create excessive additional requirements at public cost for facilities and services as the
site will be served with central sewer from the Eagle Sewer District and will use public water to be
served from United Water of Idaho. Fire protection will be available from the Eagle Fire
Department and fire hydrants will be provided where required;
e. Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project is required to be reviewed and approved by
the Ada County Highway District and is subject to the conditions herein;
Page 23 of 24
K:\Planning Dept\Eagle Applic ations\SUBS\2015\Springbouse Sub oddoc
f. 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;
g. That based upon agency verification and additional written comments provided, or as conditioned
herein, there is adequate public financial capability to support the proposed development;
h. 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 the preliminary plat and
subsequent final plat approval as set forth within the conditions of approval herein.
DATED this 13th day of October, 2015.
CITY COUNCIL
OF THE CITY OF EAGLE
a County, Idaho
ames D. Reynold lr or �O'�,�j`�.•«•. ••••i•
V5 E
A ST: C �*
Sharon . ■ergmann, Eagle Cit 'e '• ; ,. ��
Regulatory Taking Notice: Applicant has ?hteiiirsuai
regulatory taking analysis
to section 67 -8003, Idaho Code, to request a
Page 24 of 24
KAPlanning Dept\Eagle Applications\SUBS\2015 \,Springhouse Sub ccf doc