Findings - CC - 2021 - A-01-21/RZ-01-21 &PP-01-21 - Elkhorn Reserve Sub BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION,REZONE FROM )
FROM RR(RESIDENTIAL RURAL — )
ADA COUNTY DESIGNATON)TO A-R-DA )
(AGRICULTURAL RESIDENTIAL WITH A )
DEVELOPMENT AGREEMENT)AND )
PRELIMINARY PLAT FOR ELKHORN )
RESERVE SUBDIVISION FOR )
JAMES ERIC NEEDHAM )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-01-21/RZ-01-21 &PP-01-21
The above-entitled annexation, rezone with a development agreement, and preliminary plat applications
came before the Eagle City Council for their approval on May 11, 2021, at which time public testimony
was taken and the public hearing was closed. The Eagle 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:
James Eric Needham is requesting annexation, rezone from RR(Rural Residential—Ada County
designation) to A-R-DA (Agricultural-Residential with a Development Agreement), and
preliminary plat approvals for Elkhorn Reserve Subdivision, a 3-lot residential subdivision. The
17.2-acre site is located on the north side of West Homer Road, approximately 1,350-feet west of
North Linder Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, on Tuesday,January 5,2021, in
compliance with the applications submittal requirement of Eagle City Code. The applications for
this item were received by the City of Eagle on January 7, 2020.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on February 8, 2021, in accordance with the
requirements of the Eagle City Code. 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 May 15, 2020. Notice of this public hearing
was mailed to property owners in accordance with the requirements of Title 67, Chapter 65,Idaho
Code and Eagle City Code on May 19, 2021. The site was posted in accordance with Eagle City
Code on May 19,2021.
Notice of Public Hearing on this 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 April 26,
2021. Notice of this public hearing was mailed to property owners in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 23,2021. The site
was posted in accordance with the Eagle City Code on April 22,2021.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See applicant's
narrative,date stamped by the City on January 7,2021 (attached to the staff report).
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's narrative,date stamped by the City on January 7,2021 (attached to the staff
report).
H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Agricultural/Rural within RR(Rural Residential—Ada Agricultural/Vacant
the Rural Planning Area County designation)
Proposed No Change A-R-DA(Agricultural- Residential subdivision
Residential with a consisting of three(3)
development agreement) buildable lots
North of site Foothills Residential/ PS(Public/Semipublic) Vacant(Bureau of Land
Regional Open Space Management[BLM])
South of site Large and Transitional Lot RUT(Rural-Urban Transition Agricultural/Vacant
Residential —Ada County designation)
East of site Agriculture/Rural RR(Rural Residential—Ada Agricultural/Vacant
County designation)
West of site Agricultural/Rural R-E-DA(Residential-Estates Single-family residential
with development agreement) subdivision(Garrigan
Estates)
DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA,or DSDA.
J. SITE DATA:
Total Acreage of Site— 17.2-acres
Total Number of Lots—3
Residential—3
Commercial—0
Industrial—0
Common—0
Total Number of Units—3
Single-family—3
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre .17-units per acre 1-unit per 5 acre maximum(as
limited within the development
agreement)
Minimum Lot Size 5.0-acres 4.7-acres
Minimum Lot Width 615-feet 100-feet
Minimum Street Frontage 36-feet(one lot accessed by a 35-feet
shared driveway)
Total Acreage of Common Area 0-acres 0-acres(not required in the A-R
zoning district)
Percent of Site as Common Area 0% 0%(not required in the A-R zoning
district)
K. GENERAL SITE DESIGN FEATURES:
Open Space, Green Belt Areas,and Landscape Screening:
This subdivision will be located within the A-R zoning district, therefore 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.
Fire Hydrants and Water Mains:
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 requesting a pressurized irrigation waiver for this property and will irrigate the
property through individual wells utilizing an existing ground water right. The applicant has
submitted a pressurized irrigation waiver request, date stamped by the City on March 03, 2021,
stating that water rights are not available, and that no irrigation company provides service to this
site and 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.
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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.
L. STREET DESIGN:
Public Streets:None proposed.
Blocks Less Than 500':None proposed.
Cul-de-sac Design:None proposed.
Sidewalks:None proposed.
Curbs and Gutters:None proposed.
Lighting:No street lights are proposed.
Street Names:
The subdivision is proposed to be served by a private driveway with a terminus West Homer Road
on the south side of the subdivision.No street names have been proposed.
M. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:None proposed.
Bike Paths:None proposed.
M. PUBLIC USES PROPOSED:None proposed.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
P. 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 March 08, 2021, indicating the District's
requirements regarding access,road widths, and cul-de-sac widths.
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—Not known
Areas of Critical Environmental Concern—Not known
Evidence of Erosion—Not known
Fish Habitat—No
Floodplain—No
Mature Trees—No
Riparian Vegetation—No
Steep Slopes—Yes
Stream/Creek—No
Unique Animal Life—Not known
Unique Plant Life—Not known
Unstable Soils—No
Wildlife Habitat—Not known
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required.
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S. 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 March 12, 2021, are of special
concern(see attached).
City Historic Preservation Officer
Ada County Highway District
Central District Health
Department of Environmental Quality
Farmers Union Ditch Co.,Inc.
Idaho Transportation Department(Transportation Mitigation Agreement)
Marathon Pipe Line
Star Fire Protection District
T. LETTERS FROM THE PUBLIC(attached to the staff report):
Emails received from George and Leigh Brecht, date stamped by the City on January 07,2021
THE EAGLE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING 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 14,2017),designates
this site as the following:
Residential-Rural Planning Area
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.
6.19 Rural Planning Area
The intent of the Rural Planning Area is to identify an area within the City's plan where large lot,
rural, and agricultural uses are enhanced and preserved.
The planning area is generally located between State Highway 55 and Linder Road and from
Beacon Light Road extending north to the BLM/Park site in the Eagle Foothills.
Rural is defined as: "Use that harkens back to a time gone by that includes low density housing(5
to 10 acre lots)with significant space between homes that are close to native open space and active
farm land. Rural uses are not amenity based (sewer, water, schools) and are located away from
goods and services. These areas encourage the keeping/training of animals and raising crops and
do not normally include manicured yards, sidewalks, bike paths, or planned park and recreation
facilities."
The City is establishing this planning area at the request of land owners and in cooperation with
Ada County. The planning area is generally located north of Beacon Light Road and east of Linder
Road.
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The northern portion of the planning area,north of Homer Road,includes connections for seasonal
migration for habitat, sensitive species, and significant topography. These areas should be
managed to preserve and set aside critical areas and designed to protect the area from wildfire.
6.19.1 Rural Planning Area Uses
B. Residential uses in the Rural Planning Area south of Homer Road should have a maximum
density of 1 unit per 5 acres, uses north of Homer road should have a maximum density of 1 unit
per 10 acres.
C. Clustered residential lots may be allowed if clustering is used to provide for and permanently
preserve: habitat migration corridors,active agricultural uses, or recreational connectivity.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
A-R AGRICULTURAL-RESIDENTIAL DISTRICT: To provide for the transition of
agricultural land no longer used for extensive agricultural purposes into residential areas,while
preserving agricultural uses compatible with residential development. Gross density shall not
exceed one single-family dwelling unit per five(5)acres.
C. SUBDIVISION CODE PROVISIONS WHICH ARE 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:
1. A site report as required by the appropriate health district where individual wells or septic
tanks are proposed.
• 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.(Ord. 566, 5-15-2007)
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• 9-4-1-5: Streetlights:
All subdividers within the city limits shall be required to install, at the subdividers' expense,
streetlights in accordance with city specifications and standards at locations designated by the
administrator. After inspection and confirmation of installation and operation by the
administrator, the subdivider (and subsequent homeowners' association) shall assume
ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity.
(Ord. 566, 5-15-2007; amd. Ord. 820, 12-10-2019)
• Eagle City Code Section 9-4-1-8 Underground Utilities:
Underground utilities are required. (Ord. 566, 5-15-2007)
Eagle 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 laws,
regulations, ordinances or resolutions, the more restrictive 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
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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.
b. 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 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 shall 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 9-4-1-11 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;
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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;
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 shall 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 a 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
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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
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.
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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(1/5)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(1/5)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').
C. Driveways and Parking: 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. (Ord. 566, 5-15-2007)
D. DISCUSSION (Based on the Preliminary Plat date stamped by the City on March 03, 2021):
• The property is located within a hillside area that requires the applicant to conform to Eagle City
Code section 9-5-3: Hillside Subdivisions as the project they pertain to site design, engineering,
grading, implementation,and maintenance.The development of the lots are subject to preliminary
and final grading plan review. Once building envelopes are established,grading is not permitted to
occur outside of the approved building envelope.The applicant should be required to submit a final
grading plan for review and approval by the City Engineer along with the submittal of the final plat
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application. The locations of the graded pad sites are to be shown on the final plat.
• The provided preliminary plat, date stamped by the City on March 03, 2021, does not show
locations or reference notes for proposed streetlights. Eagle City Code Section 9-4-1-5 states, in
part, "the subdivider (and subsequent homeowners' association) shall install, at the subdividers'
expense,streetlights,and assume ownership of the streetlights and shall pay the cost of maintenance
and power in perpetuity." The applicant should provide a revised preliminary plat that includes a
streetlight along Homer Road at the shared private driveway. The revised preliminary plat should
be provided prior to submittal of a final plat application.
• Within the provided narrative the applicant has indicated there are no water rights available for the
subdivision and that no irrigation or ditch company provides service to this property and therefore
cannot serve the subdivision with pressurized irrigation. The narrative further states,that based on
there being no water service available for the property they are requesting a waiver from the City's
requirement to provide a pressure irrigation system to serve the subdivision. Therefore,all the lots
in the subdivision will be irrigated from the domestic water system. Based upon these limitations,
staff recommends affirming that sufficient information exists to meet the conditions of a waiver
request based on Eagle City Code Section 9-4-1-9(C)(2)(b).A pressurized irrigation waiver request
may be granted since the irrigation purveyor cannot deliver surface water to the site.
• The preliminary plat shows a 10-foot wide pedestrian easement(per note#8)that is noted to provide
ingress/egress to the adjoining Bureau of Land Management (BLM) land. It is the applicant's
responsibility to contact BLM in order to understand the rights, restrictions, and implications of
establishing direct access to BLM land.The City granting an easement on abutting private property
does not constitute approval of access.No formalized trail and/or pathway access to the Bureau of
Land Management property should be permitted without the express written consent of the Bureau
of Land Management.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April 5,
2021,at which time the opportunity for the public to give testimony was made available and the public
hearing was closed. The Commission made their recommendation at that time.
B. Oral testimony in opposition to the applications was given before the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
no one(not including the applicant).
COMMISSION DELIBERATION: (Granicus time 00:58:45)
Upon closing the public hearing,the Commission discussed during deliberation that:
• The proposed subdivision is in compliance with the Agriculture/Rural designation and is within
the general spirit of the Rural Planning Area of the Comprehensive Plan for the area north of
Homer Road. The inclusion of a development agreement,which will limit the density,reinforces
the applicability of this project within the guidelines of the Comprehensive Plan's vision.
• The Site Specific Conditions of Approval for the Preliminary Plat should be amended to include
the Pressurized Irrigation Waiver as line item#17.
• Fire suppression and mitigation for projects located adjacent to the foothills should be an item the
City addresses directly via code requirements.
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COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH
DEVELOPMENT AGREEMENT:
The Commission voted 3 to 0 (Guerber and McLaughlin absent)to recommend approval of A-01-21 and
RZ-01-21 for an annexation and rezone from RR (Residential Rural — Ada County Designation) to
A-R-DA (Agricultural-Residential with a development agreement) with conditions to be placed in a
development agreement as provided within their findings of fact and conclusions of law document, dated
April 19, 2021.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Guerber and Mclaughlin absent)to recommend approval of PP-01-21 for
Elkhorn Reserve Subdivision with the site specific conditions of approval and standard conditions of
approval provided within their findings of fact and conclusions of law document,dated April 19, 2021.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on May 11,2021,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.
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH
DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to approve A-01-21 and RZ-01-21 for an annexation and rezone from RR
(Residential Rural—Ada County Designation) to A-R-DA (Agricultural-Residential with a development
agreement)for James Eric Needham,with the following Planning and Zoning Commission recommended
conditions to be placed in a development agreement with underlined text to be added by the Council:
3.1 The maximum gross density for the Property shall not exceed(1) single-family dwelling per five(5)
acres for a total of three(3)single-family lots.
3.2 The Concept Plan(Exhibit C)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 Owner will develop the Property subject to the conditions and limitations set forth in this Development
Agreement. Further, Owner 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.
3.4 The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) A maintenance manual for the private driveways requiring the association(s) shall have the duty
to maintain and operate the private drive including the repair and replacement of asphalt and
sidewalks, in perpetuity.
(b) 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
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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.
3.5 As the individual pad sites are proposed and developed they shall not be located on visible ridgelines.
The proposed pad sites, drainage, and architecture shall be designed to complement the existing
hillside terrain.
3.6 The applicant shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with the Elkhorn Reserve Subdivision Covenants, Conditions and
Restrictions prior to the City Clerk signing the first final plat.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP-01-21 for a preliminary plat for Elkhorn Reserve Subdivision
(Exhibit"A")with the following Planning and Zoning Commission recommended site specific conditions
of approval and standard conditions of approval with 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-01-21.
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 and/or upon receipt of an invoice by the City,
whichever occurs first. (ECC 9-2-3 [C] [3] [1])
4. The applicant shall provide a revised preliminary plat which contains a revision to plat note #6 that
conveys to each lot owner within the subdivision to be served by the private driveway the perpetual
right of ingress and egress over the described private drive,that the perpetual easement shall run with
the land, and provide that the restrictive covenant for maintenance of the private drive 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)
5. Provide a revised preliminary plat with a new plat note stating, "All development within this
subdivision shall be consistent with the conditions of development within the development agreement
(Instrument No. ) and any subsequent modifications to the development
agreement." The revised preliminary plat shall be provided prior to submittal of the final plat
application.
6. Provide a revised preliminary plat with a new plat note stating, "This development is subject to
Covenants, Conditions, Restrictions, and Easements (Instrument No. ). The
restrictive covenants for maintenance of the Private Road cannot be modified and the Homeowner's
Association cannot be dissolved without the express consent of the City of Eagle." The revised
preliminary plat shall be provided prior to submittal of the final plat application.
7. Provide a revised preliminary plat with a new plat note stating,"This development recognizes 22-4503
of the Idaho Code,Right to Farm Act,which states: "No agricultural operation, agricultural facility
or expansion thereof shall be or become a nuisance, private or public, by any changed conditions
in or about the surrounding nonagricultural activities after it has been in operation for more than
one (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 the final plat application.
8. Revise Plat Note #6 to state that the 30-foot wide ingress/egress and slope maintenance easement
shall be reserved in perpetuity for Lot 1.
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9. If an ACHD stormwater facility is required,the applicant shall provide a revised preliminary plat with
a note that states,"(Lot Number(s))of(Block Number(s))are servient to and contain the ACHD storm
water drainage system. These lots are encumbered by the Master Perpetual Storm Water Drainage
Easement recorded on May 8, 2009 an Instrument No. 109053259, official records of Ada County,
and incorporated herein by this reference as if set forth in full (the "Master Easement"). The Master
Easement and the storm water drainage system are dedicated to ACHD pursuant to Section 40-2302
Idaho Code. The Master Easement is for the operation and maintenance of the storm water drainage
system."
11. Any fencing located adjacent to 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 ECC Section 8-2A-7 (J).
12. Comply with the requirements of ECC 9-3-5 regarding the future arrangements of land and septic
system siting.
13. The Elkhorn Reserve Subdivision shall remain under the control of one(1)Homeowners Association.
(ECC 9-3-8[D][4])
14. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of final plat application.
15. The applicant shall comply with all requirements of the Star Fire Protection District and the applicant
shall submit a letter of approval from the Star Fire Protection District prior to the City Clerk signing
the final plat.
16. No formalized trail and/or pathway access to the Bureau of Land Management property shall be
permitted without the express written consent of the Bureau of Land Management.
17. A pressurized irrigation waiver request is hereby granted since the irrigation purveyor(Farmer's Union
Canal,Inc.)cannot deliver surface water to the site.
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(LC. 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
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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&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney,prior to the City Engineer signing the final plat,requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting,covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district,canal company,ditch association,drainage district,drainage entity
or other irrigation entity associated with such ditch,pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity,drainage district,or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
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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 located inside or outside of the public right-of-way the perpetual maintenance of the street
lights shall be the responsibility of the applicant, subdivider, business owner,homeowner,
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 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.
15. 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.
16. An approval letter from the Star Fire 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 Star Fire District
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 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 Eagle Fire Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Star Fire District
prior to issuance of a building permit.
17. 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.
18. 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.
19. 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.
20. 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, Pathways, and Recreation Development
Commission for a path or walkway shall be approved in writing by the Eagle City Parks and
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Pathways Development Commission prior to approval of the final plat by the City Council.
21. 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.
22. 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".
23. 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.
24. The development shall comply with the Boise River Plan(if applicable)in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. 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.
27. Basements in homes in the flood plain are prohibited.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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
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Engineer,and City Clerk.
33. 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.
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)notifying 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 rezone upon annexation
(A-01-21/RZ-01-21)with regard to Eagle City Code Section 8-7-5(F)"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 A-R-DA (Agricultural-Residential with a development
agreement)is consistent with the Agriculture/Rural and Rural Planning Area designations as shown
on the Comprehensive Plan Land Use Map as it maintains the low desired density (1 unit per 5
acres as limited by the development agreement)of the area and contains lot sizes that exceed those
of the adjacent property to the west that has been developed with 1-acre lots. The Rural Planning
Area refers to developments that include low density housing(5 to 10 acre lots),are not dependent
on public amenities or services,are managed to protect natural features, and are designed in a way
to protect the area from wildfire. The subject property will not require irrigation water or sewer
connections and is proposed to be designed in a way that is complementary to the land and its
topography as the residential pad sites are to be stepped back within the property and not on any
prominent ridgelines. The applicant is designing the site to comply with Star Fire's requests and
recommendations;
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,as needed,
to serve the limited residential use allowed on this property under the proposed zone.Water will be
provided by domestic wells and sewer disposal will utilize a septic system.
c. The proposed A-R-DA(Agricultural-Residential with a development agreement)zoning district is
compatible with the PS(Public/Semipublic)zone and land use to the north since that area contains
land managed by the Bureau of Land Management(BLM);
d. The proposed A-R-DA(Agricultural-Residential with a development agreement)zoning district is
compatible with the RUT (Rural-Urban Transition—Ada County designation) zone and land use
to the south since that area contains two (2) single-family dwellings located on separate lots and
land currently being used for agriculture. West Homer Road separates the subject property from
the properties located to the south of the proposed development;
e. The proposed A-R-DA(Agricultural-Residential with a development agreement)zoning district is
compatible with the RR(Rural Residential—Ada County designation)zone and land use to the east
since that area is designated as Agriculture/Rural in the Comprehensive Plan. The property to the
east is currently uninhabited and is being used for livestock;
f. The proposed A-R-DA(Agricultural-Residential with a development agreement)zoning district is
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compatible with the R-E-DA (Residential Estates with a development agreement) zone and land
use to the west since that area currently contains three(3) single-family dwellings;
g. The land proposed for rezone is not located within a"Hazard Area"or"Special Area"as described
within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone;
2. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-01-
21)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 A-R-DA
(Agriculture Residential with a development agreement).
b. 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 because the
property will be limited by the development agreement to allow for a maximum of 3 lots within
17.2-acres with the smallest lot being 5-acres. The subdivision aligns with the Agricultural/Rural
and the Rural Planning Area designations within the Comprehensive Plan and the proposed A-R-
D-A(Agricultural-Residential with a development agreement) zoning designation which requires
4.7-acre minimum lot sizes. The property is to be developed as to minimize impacts upon the land
and to public services;
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;
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.
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DATED this 25th day of May 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
'. 'ierce,Mayor
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Page 21 of 21
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