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Findings - PZ - 2015 - A-04-15/RZ-09-15 & PP/FP-01-15 - From Rr To Re-Da/Garrigan Estates Subd No 2/4-Lot/15.9 AcreBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION } FOR AN ANNEXATION AND REZONE } FROM RR (RURAL RESIDENTIAL) } TO R -E -DA (RESIDENTIAL ESTATES } WITH A DEVELOPMENT AGREEMENT) } AND COMBINED PRELIMINARY/FINAL } PLAT FOR GARRIGAN ESTATES } SUBDIVISION NO.2 FOR GEORGE ) AND LEIGH BRECHT ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A- 04- IS/RZ -09 -15 & PPIFP -01 -I5 The above - entitled annexation, rezone with a development agreement, and combined preliminary'final plat applications came before the Eagle Planning and Zoning Commission for their consideration on November 2, 2015. The applications were continued to November 16, 2015, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: George and Leigh Brecht, represented by Shawn L. Nickel with SLN Planning, LLC, is requesting an annexation, rezone from RR (Rural Residential) to RE -DA (Residential Estates with a development agreement) and combined preliminary and final plat approvals for Garrigan Estates Subdivision No. 2, a 4 -lot (3- buildable, 1- non - buildable) residential subdivision. The 15.9 -acre site is located on the north side of West Homer Road approximately 1,950 -feet west of the intersection of West Homer Road and North Linder Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site, Thursday, at 6:00 PM, August 27, 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 September 2, 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 October 19, 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 September 23, 2015. The site was posted in accordance with the Eagle City Code on October 13, 2015. Requests for agencies' reviews were transmitted on September 15, 2015, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: The final plat for Garrigan Estates Subdivision was recorded at the Ada County Clerk's Office on Page I of 27 K TIAnAng Dept\F&gle ApplicationsWNSWUNGsmgan Eshtes Sub Nt 2 pzf.doc August 26, 1999. E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's justification letter, date stamped by the City on September 2, 2015 (attached to the staff report). G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. I. SITE DATA: Total Acreage of Site — 15.9 Total Number of Lots — 4 Total Number of Units — 3 Residential — 3 (1 non - buildable) Commercial — 0 Industrial — 0 Common — 0 Single - family — 3 Duplex — 0 Multi- family — 0 Total Acreage of Any Out - Parcels — 0 Page 2 of 27 KAPIa ung OeptNEsgle App1ica6onz%SUBW01MGemg8n Estates Sub No 2 pzfdoe COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Rural RR (Rural Residential — Ada Vacant and Residential County designation) Rural Proposed No Change RE -DA (Residential Estates Residential Subdivision with a Development consisting of four (4) lots Agreement) (one (1) non - buildable) North of site Residential Rural PS (Public /Semipublic) Vacant (Bureau of Land Management [BLM]) South of site Transitional Residential RR (Rural Residential — Ada Single - Family Residence County designation) and RUT and Agriculture (Rural -Urban Transition — Ada County designation) East of site Residential Rural RR (Rural Residential — Ada Agri cultural/Vacant County designation) West of site Residential Rural RR (Rural Residential — Ada Single- Family Residence County designation) and Agricultural H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. I. SITE DATA: Total Acreage of Site — 15.9 Total Number of Lots — 4 Total Number of Units — 3 Residential — 3 (1 non - buildable) Commercial — 0 Industrial — 0 Common — 0 Single - family — 3 Duplex — 0 Multi- family — 0 Total Acreage of Any Out - Parcels — 0 Page 2 of 27 KAPIa ung OeptNEsgle App1ica6onz%SUBW01MGemg8n Estates Sub No 2 pzfdoe ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre .19 -units per acre I -unit per five acres (.20 -units per acre maximum) Minimum Lot Size 2.15 -acres 1.8 -acres (minimum)* Minimum Lot Width 340 -feet 100 -Feet (minimum) Minimum Street Frontage 160.71 -feet 35 -feet Total Acreage of Common Area 0 -acres 0 -acres (not required in the R- E zoning district) Percent of Site as Common Area 0% 0% (not required in the R -E zoning district) * Based on minimum lot size within the R -E (Residential - Estates) zoning district GENERAL SITE DESIGN FEATURES: Open Space: Because this subdivision will be located within the R -E zoning district, a minimum amount of open space is not required, and none is proposed. Storm Drainage and Flood Control: The applicant should demonstrate that the storm water from individual lots is handled by a storm drainage facility or the applicant should place a note on the final plat stating all storm water from the individual lots is to be retained on the individual lots per Eagle City Code 9- 4 -1 -10. This should be completed prior to the City Clerk signing the final plat. Utility and Drainage Easements, and Underground Utilities: Eagle City Code Section 9 -3 -6 requires 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). Fire Hydrants and Water Main: The applicant is not proposing any fire hydrants since municipal water lines are not located in proximity to the site. On -site Septic System — Yes Since sewer is not located in proximity to the site and the proposed lots are greater than two (2) acres in size all homes within the development are proposed to be served by individual septic systems. Pressurized Irrigation: The applicant is proposing to irrigate the property through individual wells utilizing an existing ground water right (Permit No. 63- 339855). The applicant has provided documentation, date stamped by the City on September 2, 2015, which demonstrates that the ground water right is adequate to serve the proposed development. Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Page 3 of 27 K,1Manniog DapAEagle AppliestionaiSUIM20UNGsaigan Estates Sub No 2 pxf Jar Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. K. STREET DESIGN: Private Streets: The subject site is currently developed with two (2) gravel private lanes. The lots within the proposed subdivision will gain access from West Hawk Wing Lane, a 1,400 -foot long gravel private lane terminating with a cul -de -sac. West Hawkcrest Lane (510 -feet in length) provides access to Lots land 4, Block 1, Garrigan Estates Subdivision. Blocks Less Than 500% None Cul -de -sac Design: The existing private lane (West Hawk Wing Lane) extends 1,400 -feet and terminates into a cul -de- sac with a 40 -foot wide radius. Sidewalks: The preliminary plat date stamped by the City on November 2, 2015, does not show any sidewalks within the development. Pursuant to Eagle City Code, in zoning districts which prohibit densities greater than one dwelling unit per two (2) acres and at the Council's discretion, a four foot (4') wide striped path (with pedestrian designation markings such as diamonds or pedestrian/bicycle symbols) on both edges of all internal roadways may be permitted in lieu of constructing sidewalks. Curbs and Gutters: None proposed Lighting: No street lights are proposed. Street Names: The subdivision is proposed to be served by an existing private Iane (North Hawk Wing Lane). L. ON AND OFF -SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: None proposed Bike Paths: None proposed M. PUBLIC USES PROPOSED: None proposed N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property is located within the Star Fire Protection District. Star Fire Protection District provided correspondence, date stamped by the City on September 22, 2015, indicating the District's requirements regarding access, road widths, cul -de -sac widths, and required compliance with Wildland -Urban Interface Code. Page 4 of 27 K 1Planning DgKTAWc Applicaiians\SVBSl2DIS\Garrigan F%Mcs Sub No. 2 pzf dmc P. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern - No Evidence of Erosion - No Fish Habitat -No Floodplain - No Mature Trees - No Riparian Vegetation - No Steep Slopes -- Yes Stream /Creek - No Unique Animal Life -No Unique Plant Life - No Unstable Soils - No Wildlife Habitat - Yes Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required R. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the Engineer's letters dated November 9, 2015, are of special concern (attached to the staff report). Ada County Highway District Ballentyne Ditch Company Central District Health Department of Environmental Quality Republic Services Star Fire Protection District Tesoro Logistics NW Pipeline S. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.3 Land Use Designations The Comprehensive Plan Foothills Future Land Use Map (adopted November 7, 2007), designates this site as the following: Residential Rural Suitable primarily for single family residential development on large acreages which may be in transition from agricultural to residential use or may combine small scale agriculture uses with residential uses. An allowable density of up to 1 unit per 5 acres. Page 5 of 27 K Tlemmng DW Esgle App1icaiiuns%UBSUr,1PG&MVn Emes Sub No 2 pzfdoc 13. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8 -2 -1: Districts Established, Purposes and Restrictions: RESIDENTIAL- ESTATES DISTRICT: To provide opportunities for very low density residential land use compatible with the topography and public service capacities. Gross density shall not exceed one single- family dwelling unit per two (2) acres. • 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* R -E 35' 50' 30' 20' 35' l5% 1.8 acres 100' G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9 -1 -6: Rules and Definitions: HILLSIDE SUBDIVISION: Any subdivision, or portion thereof, having an average slope of ten percent (10 %) or more. 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 -2 -3 (C)(3) Preliminary Plat— Required Information and Data: j. Lot lines and blocks showing the dimensions and numbers of each; 1. A site report as required by the appropriate health district where individual wells or septic tanks are proposed. • Eagle City Code Section 9 -2 -3 (B)(1 -5) Combining Preliminary and Final PIat in Minor Subdivisions: The applicant may request that the subdivision application be processed as both a preliminary and final plat if all the following exist: 1. The proposed subdivision does not exceed ten (10) lots; 2. No new street dedication or street widening is involved; 3. No major special development considerations are involved such as development in a floodplain, hillside development or the like; 4. All required information for both preliminary and final plat is complete and in an acceptable form; and 5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of the Zoning Title of the City. • Eagle City Code Section 9- 3 -2 -1: Streets and Alleys: 9- 3 -2 -1: Location and Design: Street and road location and design shall conform to the following standards: Page 6 of 27 K Tlanning DepAEogle Applicarions5SURS520151Gardgan Eames sub No. 2 ptfdoc 1. Private Streets: Private streets that provide access to no more than ten percent (10 %) of the lots may be permitted within planned unit developments provided that the standards within section 9 -3 -2 -5 of this chapter are met. • Eagle City Code Section 9- 3 -2 -5: Private Streets: Private streets may be permitted, in the discretion of the council, subject to the following: A. Compliance: Private streets may provide access to no more than ten percent (10 %) of the lots within a planned unit development provided the council determines that the private streets are in compliance with each of the following standards: 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that private streets will serve to enhance the overall development. 2. The private streets shall provide safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking. 3. The private streets shall provide adequate access for service and emergency vehicles. 4. The private streets do not adversely affect access or good transportation planning to adjacent property and to the area travel networks. 5. The private streets do not landlock adjacent property due to topography or parcel layout. 6. Other than to provide emergency access, the private streets do not connect one public street to another, thereby encouraging travel through the development served by the private street. 7. The use or alignment of the private streets does not interfere with the continuity of public streets. 8. An appropriate mechanism has been established for the repair and maintenance of the private streets, including provisions for the funding thereof. B. Construction And Design Standards: Private streets shall conform to the following construction and design requirements: 1. All private street construction shall be in accordance with Ada County Highway District's structural standards for streets including base course and asphaltic concrete mat thickness utilizing the appropriate traffic index or as may be recommended by the city engineer and approved by the city council, and shall further be in accordance with Ada County Highway District's intersection design and drainage requirements, or as may be recommended by the city engineer and approved by the city council. 2. Except as may be otherwise set forth in this section, private streets shall meet such design and dimensional requirements as the council may determine are appropriate considering the proposed use and the site upon which the private streets are to be placed, however, all private streets shall contain paved travel lanes a minimum of twelve feet (12') in width (except as noted herein) and shall otherwise provide for the safe, convenient, and effective movement of both vehicular and pedestrian traffic. Vertical curbing shall be provided for streets that are less than thirty four feet (34') in total width. 3. Sidewalks shall be required in accordance with subsection 94-1 -6F of this title. Page 7 of 27 K 4I lanning bepiTagle Applicalions\SUBS120I51Gurigan Eseales Sub_ No 2 prf doc 4. The design engineer shall identify on the construction drawings for the review and approval by the city engineer, all traffic signs needed for the project, including, but not limited to, designated parking and "no parking" areas, speed, stop, and such other signs as are required for safe pedestrian and vehicle travel. All private streets shall, during the progress of construction, be inspected and tested, at the expense of the owner or developer, by a qualified inspector in order to ensure compliance with the construction and design standards set forth in this section, the construction drawings as prepared by the registered professional engineer, and good engineering and construction practices. Reports of such inspections and tests shall be submitted, together with a certification of such compliance, for the review and approval by the city engineer. 6. All private streets shall originate in a public right of way and terminate in a public right of way, or at one of the following approved turnaround areas: a. A cul -de -sac designed in accordance with the provisions of subsection 9-3 -2 -I G of this chapter and subject to the approval of the Eagle fire district and city engineer and provided further that proper maintenance of the island is provided for; b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle fire district and the city engineer; or c. Such other turnaround area as may be approved by the Eagle fire district, city engineer, and city council. The design of all private streets and related storm drainage facilities shall be prepared by a licensed professional engineer in the state in substantial conformance with engineering and design standards in effect at the time of preparation of the design. Construction drawings, together with a certification of such conformity, shall be submitted for the review and approval by the city engineer. No part of this section shall be construed as allowing a private street that is not in conformance with current engineering and design standards. 8. If any provision of this section is found to be in conflict with any other applicable provision of this title, the provision which establishes the higher and/or more restrictive standard shall prevail, unless specifically determined otherwise by the city council. C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance of and access to private streets as follows: I. A plan and schedule for the future repair and maintenance of the private street and drainage facilities for the period of the expected lifetime thereof and a cost estimate therefor prepared by a licensed professional engineer in the state, together with a proposed method for funding the same, including, but not limited to, the creation and maintenance of a reserve fund for that purpose, shall be submitted with the final plat application for review and approval by the city engineer and city council. 2. The location of the private street shall be clearly depicted on the face of the plat and notes shall be included on the face of the plat which shall: a. Act to convey to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street; Page 8 of 27 K Tlanning DepMaigle ApplirmionASUBS1201Mrftm Estates Sub. No 2 pzf doc b. Provide that such perpetual easement shall run with the land; and c. Provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners' /property owners' association or other entity cannot be dissolved without the express consent of the city. 3. A restrictive covenant for repair and maintenance of the private street shall be recorded at the time of recording the plat which said covenant shall create a homeowners'/property owners' association or substantially similar entity and make provision for the perpetual maintenance of the private street in accordance with the approved plan as provided for in subsection Cl of this section. Said restrictive covenant shall also provide that the said covenant shall run with the land and that the said covenant cannot be modified and that the homeowners' /property owners' association or other entity cannot be dissolved without the express consent of the city. The said restrictive covenant shall be reviewed and approved by the city attorney prior to certification and signing of the final plat by the city engineer. 4. The council may, in the reasonable exercise of its discretion, order the owners or the entity responsible for the maintenance of any private street approved in accordance with the provisions of this section to undertake such repair and maintenance activities as it may determine is necessary to protect the public health, safety, or welfare and make such expenditures from the funds reserved therefor as may be required thereby; and the owner or responsible entity shall, as a condition of approval of any such private street, be deemed to have agreed to comply with any such order and to reimburse the city all of its costs, including attorney fees, incurred in obtaining or enforcing any such order. Any order entered by the council pursuant to this subsection may be enforced by a court of competent jurisdiction and the city shall be entitled to recover its costs and attorney fees incurred in connection therewith. D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all applicable components of the comprehensive plan. 0 Eagle City Code Section 9 -3 -5 (B) - Lots shall conform to the following standards: Future Arrangements: Where parcels of land are subdivided into unusually large lots (such as when large lots are approved for septic tanks), the parcels shall be divided, where feasible, so as to allow for future re- subdividing into smaller parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future subdividing or lot splitting is contemplated, the plan thereof shall be approved by the City Council prior to taking of such action. • Eagle City Code Section 9 -3 -5 (C) Sufficient Area for Septic Tank: Where individual septic tanks have been authorized, sufficient area shall be provided for a replacement sewage disposal system. • Eagle City Code Section 9 -3 -6: 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 (I2'), except that lesser Page 9 of 27 K IPlanning PeptZagle ApplirationsSUBSUOI S\Garrigan Esutes Sub No 2 pz doe easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. C. All natural drainage courses shall be left undisturbed or be improved in a manner which will improve the hydraulics and ease of maintenance of the channel. • Eagle City Code 94-1 -3: Curbs and Gutters: A. Generally: 2. Rolled curbs and gutters shall be required on minor streets. 3. All construction shall be in accordance with the standards and specifications adopted by the Ada County highway district. B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the Ada County highway district or the Idaho transportation department. (Ord. 566, 5 -15 -2007) • Eagle City Code Section 94-1 -5: Streetlights: All subdividers within the city limits and within the area of city impact shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the "administrator" (as defined by Section 9 -1 -6 of this title, or his/her representative, hereinafter referred to as "administrator "). After installation and acceptance by the administrator, the city shall have the right to pay the cost of maintenance and power and assume ownership of the streetlights. • Eagle City Code Section 9- 4 -1 -6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: F. Sidewalk Design: 6. In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres and at the council's discretion, a four foot (4') wide striped path (with pedestrian designation markings such as diamonds or pedestrian/bicycle symbols) on both edges of all internal roadways may be permitted in lieu of constructing sidewalks. Trees shall be placed within five feet (5') of the edge of roadway. • EagIe City Code Section 9 -4 -1 -5 Underground Utilities: Underground utilities are required. • EagIe City Code 9- 4 -1 -9: Water Supply and Sewer Systems: C. Pressurized Irrigation Facilities: 1. All residential dwelling units shall be provided with a pressurized irrigation system to be served with irrigation water unless a waiver, as outlined herein, is approved by the city council. The city has adopted supplemental standards and regulations (titled "Pressure Irrigation Standards ", incorporated herein by reference and available at Eagle city hall) pertaining to the design, construction and maintenance of pressurized irrigation systems. Plans and documents reflecting the required standards and regulations shall be submitted with the application for a preliminary plat. The following design requirements and the requirements provided within the supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These standards shall supplement all other regulations, and where at variance with other Iaws, regulations, ordinances or resolutions, the more restrictive Page 10 of 27 K Tlmning DgH\E&gle ApplisnionsWUSU )SGamgan Eo ales Sub N, S p=£dac requirements shall apply. The council may determine that revisions to the supplemental standards are warranted and make such revisions by act of a resolution. a. The pressurized irrigation system may have a backup connection to a potable water system with the approval of the city, city engineer, and the potable water purveyor, and the installation of a state approved reduced pressure backflow prevention assembly or an air gap separating the irrigation system and the potable water system. The operation, maintenance, associated costs, and annual inspection of the backup connection and the backup system's reduced pressure backflow prevention assembly shall be the responsibility of the entities as determined in "Pressure Irrigation Standards" of this section. Individual backup connections to individual lots by individual lot owners shall be prohibited with the exception of the common area lots owned and maintained by the homeowners' association. b. The pressurized irrigation system shall be designed by a licensed professional engineer registered in the state of Idaho, and the construction plans for the system shall be reviewed and approved by the city engineer. 2. The requirement for installation of a pressurized irrigation system may be waived by the city council when the applicant has established that any of the following situations exist (the sale or transfer of an existing water right shall not be grounds for requesting a waiver pursuant to this provision): a. Where a sufficient surface irrigation water right does not exist for the property. The lack of surface irrigation water right shall be documented in writing by the appropriate irrigation district or canal company and the department of water resources and shall be submitted with the subdivision preliminary plat. In this case a waiver shall only be granted for that portion of the subdivision that cannot be served. Where an existing surface water right cannot be delivered to the property by an irrigation district or canal company due to current delivery capacity or scheduling. In these situations the city council may still require the installation of the pressure irrigation system, provided water rights can be made available to the property and delivery system modifications can be made so irrigation water can be supplied within two (2) years. c. Where the applicant has provided for another means of delivery such as flood irrigation, if approved by the city engineer. The applicant shall present the proposed alternative delivery system to the city engineer at the time the waiver is requested. d. That due to the specific circumstances surrounding a new subdivision, the cost of obtaining water rights, reestablishing water rights or developing the system would impose an undue economic hardship on the developer. For purposes of this section, an undue economic hardship shall consist of a showing that the cost per lot to develop the pressurized irrigation system would be twenty five percent (25 %) higher than the cost per lot for providing a pressurized irrigation system to subdivisions of similar size and density constructed in the city within the previous two (2) years; or the cost per lot of the pressurized irrigation system would exceed five percent (5 %) of the expected per lot market value of the subdivision. The developer shall bear the burden of providing documentation, acceptable to the city engineer and city council, demonstrating and supporting the estimated costs Page I 1 of 27 K VNwring bepiSFA& AppUwionslSLW2015\Guripn Eames Sub. No 2 p0doc of construction of the pressurized irrigation system, and the cost per lot for irrigation systems in those subdivisions built in the last two (2) years as noted above, and the expected market value of the subdivision lots. For phased developments, costs will be analyzed over all phases of the development rather than the first phase only. 3. Should installation of a pressurized irrigation system be waived by the city engineer, as outlined herein, compliance to Idaho Code 31 -3805 is still required. 4. Requests for waivers shaII be submitted to the city with the preliminary plat application and shall be accompanied by an irrigation report, prepared by a licensed Idaho registered professional engineer, stating the location and availability of surface irrigation water and documenting the basis for the waiver request. If applicable, the irrigation report shall be accompanied by a letter from the irrigation district or canal company stating that water rights and /or a delivery system are not available to the property. (Ord. 566, 5 -15 -2007) • Eagle City Code Section 9 -4 -1 -1 l Fire Hydrants and Water Mains: Adequate fire protection shall be required in accordance with the appropriate fire district standards. • Eagle City Code Section 9 -5 -3: Hillside Subdivisions: 9- 5 -3 -1: Preservation of Natural Features: In order to preserve, retain, enhance and promote the existing and future appearance, natural topographic features, qualities and resources of hillsides, special consideration shall be given to the following: A. Skyline and ridge tops; B. Rolling grassy landforms, including knolls, ridges and meadows; C. Tree and shrub masses, grass, wildflowers and topsoil; D. Rock outcroppings; E. Streambeds, draws and drainage swales, especially where tree and plant formations occur; and F. Characteristic vistas and scenic panoramas. (Ord. 566, 5 -15 -2007) 9- 5 -3 -2: Development Evaluation: A. All development proposals shall take into account and shall be judged by the way in which land use planning, soil mechanics, engineering geology, hydrology, civil engineering, environmental and civil design, and architectural and landscape design are applied in hillside areas, including, but not limited to: 1. Planning on development to fit the topography, soils, geology, hydrology and other conditions existing on the proposed site; 2. Orientation of development on the site so that grading and other site preparation is kept to an absolute minimum; 3. Shaping of essential grading to blend with natural landforms and to minimize the necessity of padding and/or terracing of building sites; Page 12 of 27 K V9atuung MpttiEsgla App1iadooMUB512015kG&MS & n Esutn sub No. 2 pzf doe 4. Division of large tracts into smaller workable units on which construction can be completed within one construction season so that large areas are not left bare and exposed during the winter - spring runoff period; 5. Completion of paving as rapidly as possible after grading; 6. Allocation of areas not well suited for development because of soil, geology or hydrology limitations for open space and recreation uses; 7. Minimizing and disruption of existing plant and animal life; and 8. Consideration of the view from and of the hills. B. Areas having soil, geology or hydrology hazards shaII not be developed unless it is shown that: 1. Their limitations can be overcome; 2. Hazard to life or property will not exist; 3. The safety, use or stability of public way or drainage channel is not jeopardized; and 4. The natural environment is not subjected to undue impact. (Ord. 566, 5 -15 -2007) 9- 5 -3 -3: Engineering Plans: The developer shall retain a professional engineer(s) to obtain the following information: A. Soils Report: For any proposed hillside development, a soils engineering report shall be submitted with the preliminary plat. This report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures and opinions and recommendations covering the adequacy of sites to be developed. B. Geology Report: For any proposed hillside development, a geology report shall be submitted with the preliminary plat. This report shall include an adequate description of site geology and an evaluation of the relationship between the proposed development and the underlying geology and recommendations for remedial remedies. The investigation and subsequent report shall be completed by a professional geologist registered in the state of Idaho. C. Hydrology Report: For any proposed hillside development, a hydrology report shall be submitted with the preliminary plat. This report shall include an adequate description of the hydrology, conclusions and recommendations regarding the effect of hydrologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed. (Ord. 566, 5 -15 -2007) 9- 5 -3 -4: Grading Plans: A. Preliminary Grading Plan: A preliminary grading plan shall be submitted with each hillside preliminary plat proposal and shall include the following information: 1. Approximate limiting dimensions, evaluations or finish contours to be achieved by the grading, including all cut and fill slopes, proposed drainage channels and related construction; 2. Preliminary plans and approximate locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs and other protective devices to be constructed; and Page 13 of 27 K Tlammng DeptlEagle Apphc16nnASUBSU0WGaMpan Eames Sub No 2 pif dec 3. A description of methods to be employed in disposing of soil and other material that is removed from the grading site, including the location of the disposal site. B. Final Grading Plan: A final grading plan shall be submitted with each final plat and shall include the following information: 1. Limiting dimensions, evaluations or finish contours to be achieved by the grading, including all proposed cut and fill slopes and proposed drainage channels and related construction; 2. Detailed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs and other protective devices to be constructed; and 3. A schedule showing when each stage of the project will be completed, including the total area of soil surface which is to be disturbed during each stage together with estimated starting and completion dates. In no event shall the existing natural vegetative ground cover be destroyed, removed or disturbed more than fifteen (15) days prior to grading. (Ord. 566, 5 -15 -2007) 9- 5 -3 -5: Development Standards: A. Soils: 1. Fill areas shall be prepared by removing organic material such as vegetation and rubbish, and any other material which is determined by the soils engineer to be detrimental to proper compaction or otherwise not conducive to stability. No rock or similar irreducible material with a maximum dimension greater than eight inches (8 ") shall be used as fill material in fills that are intended to provide structural strength. 2. Fills shall be compacted to at least ninety five percent (95 %) of maximum density, as determined by AASHTO T99 and ASTM D698. 3. Cut slopes shall be no steeper than two (2) horizontal to one vertical. Subsurface drainage shall be provided as necessary for stability. 4. Fill slopes shall be no steeper than two (2) horizontal to one vertical and shall not be located on natural slopes two to one (2:1) or steeper, or where fill slopes toes out within twelve feet (12') horizontally of the top of an existing or planned cut slope. 5. Tops and toes of cut and fill slopes shall be set back from property boundaries a distance of three feet (3) plus one -fifth (115) of the height of the cut or fill but need not exceed a horizontal distance of ten feet (10'). Tops and toes of cut and fill slopes shall be set back from structures a distance of six feet (6) plus one -fifth (115) the height of the cut or fill, but need not exceed ten feet (10'). 6. The maximum horizontal distance of disturbed soil surfaces shall not exceed seventy five feet (75'). B. Roadways: 1. Road alignments should follow natural terrain and no unnecessary cuts or fills shall be allowed in order to create additional lots or building sites. 2. One -way streets shall be permitted and encouraged where appropriate for the terrain and where public safety would not be jeopardized. Maximum width shall be seventeen feet (1 T) between the backs and curbs. Page 14 of 27 K 1Plammn$ Dep \FASIa AppEatiamu SUBS12a1 S\Gampn Edna sub W 2 pz'doe 3. The width of the graded section shall extend three feet (3') beyond the curb back or edge of pavement on both the cut and fill sides of the roadway. If sidewalk is to be installed parallel to the roadway, the graded section shall be increased by the width of the sidewalk plus one foot (1') beyond the curb back. 4. Standard six inch (6 ") vertical curb and gutter shall be installed along both sides of all paved roadways. C. Driveways And Parkings: Combinations of collective private driveways, cluster parking areas and on street parallel parking bays shall be used to attempt to optimize the objectives of minimum soil disturbance, minimum impervious cover, excellence of design and aesthetic sensitivity. (Ord. 566, 5 -15 -2007) 9- 5 -3 -6: Vegetation and Revegetation: A. The developer shall submit a slope stabilization and revegetation plan which shall include a complete description of the existing vegetation, the vegetation to be removed and the method of disposal, the vegetation to be planted and slope stabilization measures to be installed. The plan shall include an analysis of the environmental effects of such operations, including the effects on slope stability, soil erosion, water quality and fish and wildlife. B. Vegetation sufficient to stabilize the soil shall be established on all disturbed areas as each stage of grading is completed. Areas not contained within lot boundaries shall be protected with perennial vegetal cover after all construction is completed. Efforts shall be made to plant those species that tend to recover from fire damage and do not contribute to a rapid rate of fire spread. C. The developer shall be fully responsible for any destruction of native vegetation proposed for retention. He shall carry the responsibility both for his own employees and for all subcontractors from the first day of construction until the notice of completion is filed. The developer shall be responsible for replacing such destroyed vegetation. (Ord. 566, 5- 15 -2007) 9- 5 -3 -7: Maintenance Required: The owner of any private property on which grading or other work has been performed pursuant to a grading plan approved or a building permit granted under the provisions of this title shall continuously maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures or means, and other protective devices, plantings and ground cover installed or completed. D. DISCUSSION: • The Comprehensive Plan Foothills Future Land Use Map designates the property as Residential Rural. The applicant has submitted an annexation, rezone, and combined preliminary plat and final plat applications for Garrigan Estates Subdivision No. 2, which consists of 15.9 - acres. The applicant is proposing a 4 -lot (3- buildable, 1- non - buildable) residential subdivision. The maximum overall density of the project will not exceed .19 -units per acre. • Staff has reviewed the particular facts and circumstances of this proposed combined preliminary and final plat and, in terms of Eagle City Code Section 9- 2 -3(B) "1 thru 5" (minimum criteria to combine a preliminary and final plat), has made the following conclusions: Page 15 of 27 K Tlan6ng Dcpt4Eug1c ApplicatioWSUHSMI StiG"pn Dimes Sub. No. 2 paf doc The proposed combined preliminary and final plat: 1. Does not exceed ten (10) lots; 2. No new street dedication or street widening is involved; 3. No major special development considerations are involved such as development in a floodplain, hillside development or the like; 4. All required information for both preliminary and final plat is complete and in an acceptable form; and 5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of the Zoning Title of the City. Although the applicant is not proposing any new street dedication or street widening it should be noted that the applicant is proposing the existing gravel private street (North Hawk Wing Lane) be utilized to serve the three (3) residential lots (proposed within Garrigan Estates Subdivision No. 2) and three (3) of the existing residential lots located within Garrigan Estates Subdivision. The proposed subdivision contains slopes which exceed ten percent (10 %). Based upon the slopes within the site, the proposed subdivision is considered a hillside development pursuant to Eagle City Code. Since the proposed subdivision does not meet all of the criteria for a combined preliminary plat/final plat the aforementioned items will need to be addressed. Staff will recommend that the proposed subdivision be only considered as a preliminary plat at this time. The applicant indicated within the provided narrative, date stamped by the City on September 2, 2015, that their desire is to retain and maintain the existing gravel private street. The preliminary plat, date stamped by the City on November 2, 2015, shows a 30 -foot wide access easement. The access easement narrows to 15 -feet in width located adjacent to the western boundary of Lot 1, Block 1, Garrigan Estates Subdivision. The access easement connects to Homer Road to the south. The preliminary plat does not identify if the existing private street is contained within the access easement area. The access easement is approximately 1,400 -feet in length terminating in a cul -de -sac with a 40 -foot wide radius. Since the applicant is proposing to utilize the existing gravel private street the cul -de -sac does not contain a landscape island as required pursuant to Eagle City Code Section 9- 3- 2 -1(G). The preliminary plat does not identify a typical street section for the private street. Pursuant to Eagle City Code, streets within a hillside development are required to have standard six inch (6") vertical curbing and gutter installed along both sides of all paved roadways. Pursuant to Eagle City Code, private streets and streets within a hillside development are to meet the following requirements: 1) the private street shall be constructed in accordance with Ada County Highway District's structural standards for streets including base course and asphaltic concrete mat thickness and drainage requirements, 2) the two (2) travel lanes shall be a minimum of 12 -feet in width, 3) vertical curbing shall be provided on each side of the proposed roadway, 4) in the event a separated sidewalk is not constructed a four foot (4') wide striped path (with pedestrian designation markings such as diamonds or pedestrian/bicycle symbols) on both edges of all internal roadways may be permitted in lieu of constructing sidewalks, and 5) construct a cul- de -sac designed in accordance with the provisions of subsection 9-3-24(G) (circular turnaround having a minimum radius of 50 -feet of right of way including a landscape island with a minimum radius of 10- feet). The applicant should provide construction drawings prepared by a licensed professional engineer showing the following criteria: 1) the private street shall be constructed in accordance with Ada County Highway District's structural Page 16 of 27 K TIAMing OeplTaloc ApplicatiorMSUBSUOWGerrigan Esutes Sub. No 2 pzf doc standards for streets including base course and asphaltic concrete mat thickness and drainage requirements, 2) the two (2) travel lanes shall be a minimum of 12 -feet in width, 3) vertical curbing shall be provided on each side of the proposed roadway, 4) in the event a separated sidewalk is not constructed a four foot (4') wide striped path (with pedestrian designation markings such as diamonds or pedestrian/bicycle symbols) on both edges of all internal roadways may be permitted in lieu of constructing sidewalks, and 5) construct a cul -de -sac designed in accordance with the provisions of subsection 9- 3- 2 -1(G) (circular turnaround having a minimum radius of 50 -feet of right of way including a landscape island with a minimum radius of 10- feet). The construction drawings should be provided at the time of submittal of a final plat application. The city has not received a private street maintenance plan and schedule. Pursuant to Eagle City Code, the applicant is required to provide a plan and schedule for the future repair and maintenance of the private street and associated drainage facilities. The applicant should provide a private street maintenance plan and schedule with the submittal of a final plat application. Staff and the City Engineer should review and approve the private street maintenance plan and schedule prior to the City Engineer signing the final plat. The preliminary plat, date stamped by the City on November 2, 2015, delineates an easement approximately 10 -feet in width located on each side of the 30 -foot wide access easement. The preliminary plat does not identify the use of the delineated easements. The applicant should provide a revised preliminary plat identifying the width and use (i.e. public utility and drainage) of the easements located on each side of the 30 -foot wide access easement prior to submittal of a final plat application. • The preliminary plat, date stamped by the City on November 2, 2015, does not delineate an interior lot line located between Lot 6 and Lot 9, in proximity to the eastern boundary of the subdivision, therefore, the lots appear as one lot. The applicant should provide a revised preliminary plat showing an interior lot line located between Lot 6 and Lot 9 prior to submittal of a final plat application. Plat note #4 of the preliminary plat, date stamped by the City on November 2, 2015, states, "A twelve (12) foot wide public utilities, and property drainage easement is hereby designated along all subdivision boundary, rights -of -way, and lot lines." The preliminary plat delineates and identifies a 10 -foot wide utility and equestrian access easement located between Lots 7 and 8. The applicant should be required to provide a revised preliminary plat delineating and identifying the utility and equestrian easement located between Lots 7 and 8 to be 12 -feet in width prior to submittal of a final plat application. The preliminary plat, date stamped by the City on November 2, 2015, does not show locations for any street lights. Pursuant to Eagle City Code Section 9- 4 -1 -5, All subdividers within the city limits are required to install street lights in accordance with city specifications and standards at locations designated by the Administrator. The applicant should provide a revised preliminary plat showing street lights located at the following locations: 1) intersection of West Homer Road and North Hawk Wing Lane, 2) located at the curve of North Hawk Wing Lane (approximately 700 -feet north of the intersection) and 3) located at the terminus of the cul -de -sac. The revised preliminary plat should be submitted prior to the submittal of a final plat application. • The preliminary plat, date stamped by the City on November 2, 2015, contains a section identifying the setbacks for the development as the following: Front 30 -feet, Side 25 -feet, and Rear 25 -feet. Plat note #7 states, "Minimum building setback lines shall be in accordance with plat and the City of Eagle zoning ordinance at the time of issuance of the building permit. All Page 17 of 27 K %Ph irdno DeplTagle Appliutions SUBS1201 S\Garripn Eames Sub. No 2 pzr.doc lot, parcel and tract sizes shall meet dimensional standards as established in the City of Eagle zoning ordinance." The applicant is requesting to rezone the property to the R -E (Residential - Estates) zoning district. The setbacks for the R -E (Residential- Estates) zoning district are as follows: Front 50 -feet, Rear 30 -feet, Interior Side 20 -feet, and Street Side 35 -feet. The applicant should provide a revised preliminary plat with the section identifying the setbacks removed and plat note #7 revised to state, "Minimum building setback lines shall be in accordance with the City of Eagle zoning ordinance at the time of issuance of the building permit. All lot, parcel and tract sizes shall meet dimensional standards as established in the City of Eagle zoning ordinance." The revised preliminary plat should be provided prior to the submittal of a final plat application. Central District Health Department (CDHD) provided correspondence date stamped by the City on October 8, 2015, which indicated that they will need additional information regarding the proposed development before they can provide comment. The correspondence also indicated that CDHD has not received any applications for the proposed development. The applicant should provide a copy of the CDHD subdivision application and engineering report at the time of submittal of a final plat application. 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, and preliminary plat with conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their consideration on November 2, 2015. The applications were continued to November 16, 2015, 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 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 two (2) individuals who requested the application be deferred due to the staff report not being completed until the Friday before the public hearing. The individuals also indicated the proposed density exceeds the allowable one (1) unit per five (5) acres. COMMISSION DELIBERATION: Upon closing the public hearing, the Commission discussed during deliberation that: • Overall the subdivision has a good design in relationship to the location and access. • The proposed density is acceptable. • The surrounding area is rural and the proposed subdivision transitions well with the adjacent properties based on the proposed density. • The Commission was divided regarding allowing for the existing gravel private road to remain as is. Two of the Commissioners indicated the road should be paved and the curb, gutter, and sidewalk should not be required. (The Commission did unanimously approve the private road to remain gravel) Page 18 of 27 K Ttammng Uept\Eagle AppiiutiorMSUBS12015k0amgan Enaies sub. No 2 prrdoc COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 4 to 0 recommend approval of A- 04- 15;RZ -09 -15 for an annexation and rezone from RR (Rural Residential ._ Ada County designation) to R -E -DA (Residential - Estates with a development agreement) with the following staff recommended conditions to be placed within a development agreement: 3.1 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. 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.3 The maximum density for the Property shall be one (1) unit per five (5) acres (three (3) single - family lots). 3.3 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) A maintenance manual for the private street requiring the association(s) shall have the duty to maintain and operate the private street including the repair and replacement of asphalt and sidewalks, in perpetuity. (b) A requirement that no parking is allowed on the private street and a mechanism for the enforcement of the no parking requirement. (c) A requirement that in the event any of the CC &Rs are Iess 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 COMMISSIONS DECISION REGARDING THE COMBINED PRELIMINARY/FINAL PLAT: The Commission voted 4 to 0 to recommend approval of the preliminary plat only for PP/FP -01 -15 combined preliminary/final plat for Garrigan Estates Subdivision No. 2 for George and Leigh Brecht with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission and strikethrough text to be deleted by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ- 09 -15. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat. (ECC 9 -2 -3 [C] [3] [1]) Page 19 of 27 K TWLning DeptTagle App[icaaoos%SU9SN2r-15Zudpn Enates Sub No. 2 pzfdoc 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- 09 -15." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 8 -2 -1) 5. Provide a revised preliminary plat with the section identifying the setbacks removed and plat note #7 revised to state, "Minimum building setback lines shall be in accordance with the City of Eagle zoning ordinance at the time of issuance of the building permit. All lot, parcel and tract sizes shall meet dimensional standards as established in the City of Eagle zoning ordinance." The revised preliminary plat shall be provided prior to the submittal of a final plat application. (ECC 8 -2 -4) 6. The or000sed subdivision shall be served by the existine eravel road (North Hawk Wine Lane). The applicant shall provide a revised preliminary plat which contains a plat note that: 1) conveys to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street, 2) provide that such perpetual easement shall run with the Iand, 3) provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners' /property owners' association or other entity cannot be dissolved without the express consent of the City. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9- 3 -2 -5) 8. The applicant shall provide a private street maintenance plan and schedule with the submittal of a final plat. The private street and maintenance plan shall be reviewed and approved by staff and the City Engineer prior to the City Engineer signing the final plat. (ECC 9 -3 -2 -5 [C] [I]) 9. Provide a revised preliminary plat showing an interior lot line located between Lot 6 and Lot 9 prior to submittal of a final plat application. (ECC 9- 2- 3[C][3]Ul) 10. Provide a revised preliminary plat identifying the width and use (i.e. public utility and drainage) of the easements located on each side of the 30 -foot wide access easement prior to submittal of a final plat application. (ECC 9 -3 -6) 11. Provide a revised preliminary plat delineating and identifying the utility and equestrian easement Iocated between Lots 7 and 8 to be 12 -feet in width prior to submittal of a final plat application. (ECC 9 -3 -6) 12. Provide a revised preliminary plat showing street lights located at the following locations: 1) intersection of West Homer Road and North Hawk Wing Lane, 2) located at the curve of North Hawk Wing Lane (approximately 700 -feet north of the intersection) and 3) located at the terminus of the cul- de -sac. The revised preliminary plat shall be submitted prior to the submittal of a final plat application. Page 20 of 27 K \Planning t)cpt\iagle ApplieaiionalSUBSt20151Gampn Pstalea Sub. No 2 pzrdoc 2) !he �we tfa,-'el laRes be-a feet iR 9) Rents, (2) shall MiRIMUM eftwek,e (1-31) width, .,ef4ieal feUF feet designatien Not eenstmeled ft (4') wide stFiped path (with pedestrian mAdngs sueh as .dFaW:....S sheal.l be p «;ded at !he tome e f _. b ffli ttal _Ofn_Fi.,nl_plat_appl;enr;�._ The applicant shall provide a revised preliminary plat which contains a plat note that: 1) conveys to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street, 2) provide that such perpetual easement shall run with the Iand, 3) provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners' /property owners' association or other entity cannot be dissolved without the express consent of the City. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9- 3 -2 -5) 8. The applicant shall provide a private street maintenance plan and schedule with the submittal of a final plat. The private street and maintenance plan shall be reviewed and approved by staff and the City Engineer prior to the City Engineer signing the final plat. (ECC 9 -3 -2 -5 [C] [I]) 9. Provide a revised preliminary plat showing an interior lot line located between Lot 6 and Lot 9 prior to submittal of a final plat application. (ECC 9- 2- 3[C][3]Ul) 10. Provide a revised preliminary plat identifying the width and use (i.e. public utility and drainage) of the easements located on each side of the 30 -foot wide access easement prior to submittal of a final plat application. (ECC 9 -3 -6) 11. Provide a revised preliminary plat delineating and identifying the utility and equestrian easement Iocated between Lots 7 and 8 to be 12 -feet in width prior to submittal of a final plat application. (ECC 9 -3 -6) 12. Provide a revised preliminary plat showing street lights located at the following locations: 1) intersection of West Homer Road and North Hawk Wing Lane, 2) located at the curve of North Hawk Wing Lane (approximately 700 -feet north of the intersection) and 3) located at the terminus of the cul- de -sac. The revised preliminary plat shall be submitted prior to the submittal of a final plat application. Page 20 of 27 K \Planning t)cpt\iagle ApplieaiionalSUBSt20151Gampn Pstalea Sub. No 2 pzrdoc 13. Provide a revised preliminary plat indicating that direct lot access to West Homer Road is prohibited unless approved by the Ada County Highway District and the City of Eagle. The revised preliminary plat shall be provided prior to submittal of a final plat application. 14. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 15. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot on the side lot lines, or as approved by the Design Review Board and within five - feet (5') of the edge of the roadway. Prior to the City Clerk signing the final plat, the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements within landscape strips. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. (ECC 8- 2A -7[E] and ECC 8- 2A -18) 16. Any overhead utilities serving the site shall be Iocated underground. (ECC 9- 4 -I -8) 17. The Garrigan Estates Subdivision No. 2 Subdivision shall remain under the control of one Homeowners Association. (ECC 9- 3- 8[D][4]) NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and /or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Department of Environmental Quality approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39 -118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9- 20 -8.4) 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. Page 21 of 27 KAPI"ng Ihpt74c App[ieations\SUBSUO I MGarrigan Estates Sub. No 2 pxf doc 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 Iands 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 Ietter from a registered professional engineer certifying that all drainage shall be retained on -site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC &R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including, but not Iimited 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. Whether Iocated inside or outside of the public right -of -way the perpetual maintenance of the street lights shall be the responsibility of the applicant. Page 22 of 27 K 1Pluuue� DrptlEaglc Applimians\SUBM201n0arrigan Estates Sub No 2 pddoc 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 Star Fire Protection District 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 Star Fire Protection District 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 Star Fire Protection District 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 ". Page 23 of 27 K 1pianntng Depl\Eagle App1ieatiansWBSQ)154Wflgan Estates Sub No 2 pzf doc 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. 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. Page 24 of 27 K Tlanning i7epiTASh App1ica1iGr*W8S\.2015NGsrngsn Essga Sub No 2 pzf doc 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 Meet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A- 04- 15/RZ- 09 -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 upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R -E -DA (Residential- Estates with a development agreement) is consistent with the Residential Rural designation as shown on the Comprehensive Plan Land Use Map since the development agreement will restrict the density to not exceed one (1) unit per five (5) acres; b. The subdivision will be served adequately by essential public facilities such as streets, police and fire protection, schools, drainage structures, refuse disposal, water served by individual wells, and sewer by the utilization of septic systems; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; c. The proposed R -E -DA (Residential- Estates with a development agreement) zone is compatible with the PS (Public /Semipublic) zone and land use to the north since that area is public land (BLM); d. The proposed R -E -DA (Residential - Estates with a development agreement) zone is compatible with the RR and RUT (Rural Residential and Rural -Urban Transition — Ada County designation) zones and land use to the south since that area may be developed with similar density; e. The proposed R -E -DA (Residential- Estates with a development agreement) zone is compatible with the RR (Rural Residential — Ada County designation) zone and land use to the east since that area may be developed with a subdivision with a similar density; f. The R -E -DA (Residential- Estates with a development agreement) zone is compatible with the RR (Rural Residential — Ada County designation) zone and land use to the west since that area may be developed with a subdivision with similar density; g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan and at the time of development the applicant will be required to address any concerns associated with development in these areas; h. The proposed use, as conditioned within the development agreement, will not create a non- conforming use within the R -E (Residential- Estates) zone since the allowed density pursuant to the Conditions of Development will not exceed one (1) unit per five (5) acres. 2. The Commission reviewed the particular facts and circumstances of this proposed combined preliminary and final plat (PP/FP- 0I -15) and, in terms of Eagle City Code Section 9- 2 -3(B) "1 thru 5" (minimum Page 25 of 27 K Thuunng DeplEngle AppikationskSMSM151Gamgan Eatalo Sub No. 2 pd doe criteria to combine a preliminary and final plat), has made the following conclusions: The proposed combined preliminary and final plat: 1. Does not exceed ten (10) Iots; The proposed subdivision consists of four (4) lots (3- residential, 1- non - buildable). 2. No new street dedication or street widening is involved; The applicant is proposing to utilize the existing gravel private street to provide access to the residential lots contained within the proposed subdivision. Since the applicant is proposing a private street the applicant will be required to address the operation, maintenance and drainage issues associated with the proposed private street as required in Site Specific Condition of Approval 47 herein. 3. No major special development considerations are involved such as development in a floodplain, hillside development or the like. The proposed subdivision is not located within an Area of Special FIood Hazard (ASFH), however, the site is located in an area of critical concern as designated pursuant to Eagle City Code Title 9. The application is not in accordance with the requirements of combining a preliminary/final plat since the site contains slopes which are greater than ten percent (10 %) and the applicant will be required to address the hillside development issues and associated environmental impacts. 4. All required information for both preliminary and final plat is complete and in an acceptable form; and The applicant has not provided an Operation and Maintenance Manual for the private street. The applicant will be required to provide final grading plans with the submittal of a final plat application. 5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of the Zoning Title of the City. The Comprehensive Plan Land Use Map shows this area as designated Residential Rural which allows a maximum density of one (1) unit per five (5) acres. The proposed subdivision will contain three (3) buildable lots. The property will have an R -E -DA (Residential- Estates with a development agreement) zoning designation. The development agreement will limit the density of the development to not exceed one (1) unit per five (5) acres. 3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP/FP- 01 -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 subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and /or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed residential use is in accordance with the residential land use designation of this area shown within the Comprehensive Plan; 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 Rural and provides the required improvements for a subdivision or as may be conditioned herein; b. The subdivision will be served adequately by essential public facilities such as streets, police and fire protection, schools, drainage structures, refuse disposal, water served by individual wells, and sewer by the utilization of septic systems; or that the persons or agencies responsible for the Page 26 of 27 K Tlanning Dept\Eaglc Appliutions\SUHS':n151Gartigan Estates Sob No = p$doc establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; c. Will not create excessive additional requirements at public cost for facilities and services as the site will be served with individual wells and the utilization of septic systems. Fire protection will be available from the Star Fire Protection District; d. Will have vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares since the project is required to be reviewed and approved by the Ada County Highway District and is subject to the conditions herein; e. While there is no capital improvement program there is no known capital improvement programs for which this development would prevent continuity; f. That based upon agency verification and additional written comments provided, or as conditioned herein, there is adequate public financial capability to support the proposed development; g. That any health, safety and environmental problems that were brought to the Commission's attention have been adequately addressed by the applicant or will be conditions of the preliminary plat and subsequent final plat approval as set forth within the conditions of approval herein. DATED this 7h day of December, 2015. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho f/ ... af il111f ff/ Trent Wright, Chairman.` G `o$pO�gT t� am . d i[ ATTEST: SEAL Sharon K. Bergmann, Eagle Ci Clerk '••f..,�F 01116 ''�� Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis Page 27 of 27 K Tlanning DeptTagle Applicatior&SUBSUO I SVGamgan Fstates Sub. No 2 pif doc