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Findings - PZ - 2021 - A-12-20/RZ-16-20 & PP/FP-01--20 - Spartan Estates - Spartan Estates Sub BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION,REZONE FROM ) FROM RUT(RURAL-URBAN TRANSITION- ) ADA COUNTY DESIGNATON)TO R-E-DA ) (RESIDENTIAL ESTATES WITH A ) DEVELOPMENT AGREEMENT)AND ) COMBINED PRELIMINARY AND FINAL ) PLAT FOR SPARTAN ESTATES ) SUBDIVISION FOR CLARK MAHY ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-12-20/RZ-16-20& PP/FP-01-20 The above-entitled annexation, rezone with a development agreement, and combined preliminary and final plat applications came before the Eagle Planning and Zoning Commission for their recommendation on May 17,2021,at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the matter, made and voted to approve a motion that included revisions to the conditions of development and site specific conditions of approval. On June 7, 2021,the Eagle Planning and Zoning Commission further considered the Findings of Fact and Conclusions of Law upon receiving further council from the City's legal counsel regarding their original motion. The Eagle Planning and Zoning Commission put forth a revised motion at that time and, upon having duly considered the matter,makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT: A. PROJECT SUMMARY: Clark Mahy, represented by Stephanie Leonard with KM Engineering, LLP, is requesting an annexation, rezone from RUT (Rural-Urban Transition — Ada County designation) to R-E-DA (Residential Estates with a development agreement) and combined preliminary and final plat approvals for Spartan Estates Subdivision, a 2-lot residential subdivision. The 4.69-acre site is located on the west side of North Meridian Road approximately 1,500-feet south of the intersection of North Meridian Road and West Beacon Light Road at 2635 North Meridian Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 7:00 PM, Monday, August 3, 2020, in compliance with the application submittal requirements of Eagle City Code. The applications for this item were received by the City of Eagle on December 7,2020. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on December 28, 2020, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the applications 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 April 23, 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 April 23, 2021. The site was posted in accordance with the Eagle City Code on May 5,2021. C. HISTORY OF RELEVANT PREVIOUS ACTIONS:None. Page 1 of 20 K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub pzf rev.docx E. COMPANION APPLICATIONS:All applications are inclusive herein. F. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See applicant's narrative, date stamped by the City on December 7, 2020 (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 December 7,2020(attached to the staff report). H. COMPANION APPLICATIONS:None. I. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING DESIGNATION LAND USE DESIGNATION Existing Neighborhood(Residential RUT(Rural Urban Transition Single-family residential Transition Overlay)within —Ada County Designation) the Village Planning Area Proposed No Change R-E-DA(Residential-Estates Single-family residential with a development subdivision agreement) North of site Neighborhood(Residential R1 (Residential) Single-family residential Transition Overlay) subdivision (Gallup Estates) South of site Neighborhood(Residential R-E-DA(Residential-Estates Single-family residential Transition Overlay) with a development subdivision agreement) (Henry's Subdivision) East of site Estate Residential R-E-DA(Residential-Estates Single-family residential with a development subdivision agreement) (Catalpa Subdivision) West of site Neighborhood(Residential RUT(Rural Urban Transition Single-family residential Transition Overlay) —Ada County Designation) subdivision (Tamara Place) J. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA,TDA, CEDA,or DSDA. Page 2 of 20 K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub pzf rev.docx K. SITE DATA: Total Acreage of Site—4.69-acres Total Number of Lots—2 Residential—2 Commercial—0 Industrial—0 Common—0 Total Number of Units—2 Single-family—2 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 ADDITIONAL SITE DATA PROPOSED REQUIRED • Dwelling Units Per Gross Acre 0.43-units per acre 0.43-units per acre maximum(as limited within the development agreement) Minimum Lot Size 2.25-acres 1.8-acres(minimum) Minimum Lot Width 258-feet 100-feet(minimum) Minimum Street Frontage 258-feet 35-feet Total Acreage of Common Area 0-acres 0-acres (measured as total landscaping of the entire site) Percent of Site as Common Area 0% 0% (measured as total landscaping of the entire site) L. GENERAL SITE DESIGN FEATURES: Open Space,Green Belt Areas,and Landscape Screening: This subdivision is proposed to be located within the R-E-DA (Residential-Estates with a development agreement) zoning district; a minimum amount of open space is not required internal to the subdivision. However, a 35-foot wide buffer is required along North Meridian Road which would be calculated as open space. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales,or drain piping,will be developed in the drainage easements.Also,the CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney,requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement,and that no runoff Page 3 of 20 K.\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub pzf rev.docx shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. On-site Septic System --Yes Pressurized Irrigation: The applicant is requesting a pressurized irrigation waiver since an alternative irrigation delivery method to the site already exists and will continue to be utilized. Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. M. 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:None proposed. Street Names:No new streets are proposed with this application. N. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways:None proposed. Bike Paths: None proposed. O. PUBLIC USES PROPOSED:None proposed. P. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists Q. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property is located within the Eagle Fire Protection District. As proposed, the subject property will be served by on-site septic. The existing residence within Lot 1 is proposed to retain use of the existing well.Lot 2 is proposed to connect to Suez Water for domestic water. R. 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—Near existing residence Page 4 of 20 K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub pzf rev.docx 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 Historical Sites—Not known S. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required. T. AGENCY RESPONSES: The following agencies have responded,and their correspondence is attached.Comments,which appear to be of special concern,are noted below: City Engineer:All comments within the Engineer's letters dated April 12, 2021 are of special concern. City Trails and Pathways Superintendent Ada County Development Services Ada County Highway District Central District Health Department of Environmental Quality Eagle Fire Department U. LETTERS FROM THE PUBLIC:None received to date. THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.7 Land Use Designations The Comprehensive Plan Land Use Map(adopted November 15,2017),designates this site as the following: Neighborhood Residential Residential development that provides for a transition between land use categories and uses. Commonly requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project. Base densities may be reduced or units may be clustered to increase open space within a portion of a site when property is in this overlay.Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. See specific planning areas for further description. 6.6 Village Planning Area The Village Planning Area is designated for the establishment of an employment center at Beacon Light Road that is oriented to the State Highway 16 corridor and the provision of goods and services in the northwest portion of the City so residents are not required to travel significant distances for basic amenities. The land uses are intended to be flexible to encourage corporate office, light manufacturing,and similar uses into the area and to create a unique destination within the City. The non-residential area along Beacon Light Road will transition into similar sized large lot residential uses as development approaches Homer Road and the Foothills. Neighborhood Residential uses are designated south of Beacon Light to Floating Feather Road. This area is not Page 5 of 20 K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub pzf rev.docx intended to be master planned but does require great care in planning to ensure that uses are compatible and that the Village Center serves as the activity center of the area and is not taken over by residential uses. 6.6.2 Village Planning Area Access H. The design of the area should incorporate non-motorized pathways linking residential areas to the Village Center,foothills,and the existing Eagle Downtown. 6.6.3 Issues of Concern A. The scaling and compatibility of uses will be of significant concern in this area. in order for non-residential uses to locate in this area they will require the establishment and development of residential uses prior to construction. The compact residential designation should be developed to support the planned non-residential uses in the area. New residents should be made aware that the area is intended to have research/development park, educational campus, and/or corporate park uses in the area. B. Special care should be taken to preserve the Village Center area. While residential uses will be the first demand in the area the City needs to work with land owners and developers to preserve sufficient land for the non-residential uses that will be needed to serve the area at buildout. If development pressure is not held back, the City's vision for an employment area will not be achieved. C. Special care should be taken to ensure that employment uses are incorporated into the Village Center. The Village Center designation is scaled for the inclusion of employment uses. If the City allows the area to shift into a retail and/or commercial-only area the size of the land use designation should be re-scaled. D. Special care should be taken to ensure that non-residential uses area internally oriented to the Village Center and that buildings and signage do not clutter the State Highway 16 corridor. If special care is not taken the vision of the City of Eagle for State Highway 16 to serve as an entry corridor will not be achieved. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: R-E 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. R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi- family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per two(2)acres(R-E). Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles, the chapter or title with the more restrictive provision shall prevail. When a property is being proposed for rezone to the R zoning district, a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council,provided the development agreement includes conditions of development that are required during the PUD and conditional use process. Page 6 of 20 K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub paf rev docx • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Requirements: Minimum Yard Setbacks Note Conditions A To E* Minimum j-- - -- Maximum Lot Area Minimum Lot (Acres Or Lot Zoning Maximum Interior Street Covered Square Width I* District Height Front Rear Side Side F And J* Feet)H* R-E 1- 35' ! 50' 30' ! 20' 35' 15% 1.8 acres 100' • Eagle City Code, Section 8-2A-7(J): Buffer Areas/Common Lots: 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners'association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width,plantings,and fencing are as follows: a. Any road designated as a collector on the master street map typologies map in the Eagle comprehensive plan: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred(100)linear feet of right of way: four(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1')vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-2-3 (B)(1-5) Combining Preliminary and Final Plat 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; Page 7 of 20 K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub pzf rev.docx 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: Location and Design: Streets and road location and design shall conform to the following standards: J. Driveways: Driveways providing access to no more than two (2) dwelling units shall be allowed within any subdivision. • Eagle City Code Section 9-3-3: Pedestrian Walkways: Right of way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas. The pedestrian easement shall be at least ten feet(10')wide.(Ord. 566, 5-15-2007) • Eagle City Code Section 9-3-5:Lots: Lots shall conform to the following standards: A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from the standards within section 8-2-4 of this code may be considered as part of the planned unit development. B. 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. 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) • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material, unless the fence is located on the property line between the required roadway buffer area and the residential lot, in which case the fence may be a solid wood picture frame or premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence is visible from the adjacent roadway, then the fence shall include decorative columns spaced a maximum of sixty feet(60') apart. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas.A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. (Ord. 566, 5-15-2007;amd. Ord. 820, 12-10-2019) Page 8 of 20 K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub pzf rev.docx • Eagle City Code Section 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 9-4-1-6: Pedestrian Bicycle Pathway and Sidewalk Regulations: F. Sidewalk Design: 1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), sidewalks on only one side of the street may be allowed. 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County highway district. • Eagle City Code Section 9-4-1-8: Underground Utilities: Underground utilities are required. (Ord. 566, 5-15-2007) • Eagle City Code Section 9-4-1-9: Water Supply and Sewer Systems: C. Pressurized Irrigation Facilities: 1. All residential dwelling units and subdivision common areas shall be provided with a pressurized irrigation system to be served with irrigation water from a surface water right unless a waiver,as outlined herein,is approved by the city council. 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. • 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. (Ord. 566,5-15-2007) D. DISCUSSION: • 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),and finds: The proposed combined preliminary and final plat: 1. Does not exceed ten(10)lots; 2. No new street dedication or street widening is involved; Page 9 of 20 K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub pzf rev.docx 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. • The provided preliminary plat does not include a proposed public sidewalk. Eagle City Code Section 9-4-1-6(F)(1) states that, "Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet(100'),sidewalks on only one side of the street may be allowed." While the average width of the lots within the proposed subdivision exceeds the one hundred foot (100') dimension noted above, the context of the site (both its direct frontage on North Meridian Road and the existing sidewalk network along the west side of North Meridian Road to the south)promotes the inclusion of a sidewalk along the frontage of the subject property as a beneficial section to the pedestrian continuity of the City as it continues to develop within the Village Planning Area. Beginning at West Floating Feather Road and extending north, there is approximately 3,600-feet of continuous sidewalk (exclusive of the canal crossing) that currently terminates approximately 325-feet south of the subject property. The Village Planning Area Access section of the Comprehensive Plan(6.62), states that non-motorized pathways linking residential areas to the Village Center, the foothills, and downtown Eagle are to be incorporated. In an effort to create the continuity outlined within the Comprehensive Plan and per Eagle City Code Section 9-4-1-6,the inclusion of a detached sidewalk that extends the full length of the subject property should be included as part of the proposed subdivision. The applicant should submit a revised preliminary and final plat that reflects the inclusion of a sidewalk prior to the signing of the final plat. • The submitted application is not showing the required landscape buffer area/common lot located adjacent to North Meridian Road. The "Long Range Highway and Street Classification Map: 2040 Functional Classification System" (map date: June 2, 2015) classifies North Meridian Road as a Collector. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a) and based on North Meridian Road's classification as a Collector, the applicant is required to construct a 35-foot wide buffer area to be located within a common lot located between the residential lots within the subdivision and the right-of-way line of the adjacent roadway. The required buffer area is to contain a minimum five to eight foot (5' to 8') high berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof. The required berm is to contain the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. Staff will defer to the Commission and the Council in regard to the required buffer area/common lot to be located adjacent to North Meridian Road prior to the City Clerk signing the final plat. Should the required buffer area/common lot(located adjacent to North Meridian Road)be required,the applicant should provide a revised preliminary plat and landscape plan that reflects the addition of a common lot with a 35-foot wide buffer that complies with Eagle City Code, Section 8-2A-7(J)(4)(a). • The subject property has one existing driveway that will remain on Lot 1. A new driveway that provides access to the future building site on Lot 2 is also proposed. Driveway improvements, to both the new and the existing driveways, should comply with all ACHD alignment and design standards and requirements. Page 10 of 20 K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub pzf rev.docx • The preliminary plat shows an existing fence that,in its current location,encroaches into the utility and pedestrian access easements, sidewalk, and landscape buffer, as required, along the street side of the property adjacent to North Meridian Road. The existing fence that runs parallel to North Meridian Road at the front lot line should be removed/relocated to allow for the implementation of the sidewalk and landscaped buffer,as required,prior to the City Clerk signing 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 and final plat that includes a streetlight along North Meridian Road located at the shared property line that bisects the properties. The revised preliminary and final plats should be provided prior to the signing of a final plat application. • The applicant submitted a pressurized irrigation waiver, date stamped by the City on April 12, 2021,stating that an alternative irrigation delivery method(gravity irrigation)to the site already exists and will continue to be utilized. The applicant has stated that because of hardships due to the irrigation water delivery schedule occurring every 15 days that it is not feasible to construct a pressure irrigation system while maintaining a functional system that meets the irrigation needs of the property. Should the irrigation waiver not be accepted by the City Council,the applicant shall submit a revised preliminary plat,construction drawings,and calculations of the pressurized irrigation that complies with the requirements of Eagle City Code Section 9-4-1-9(C)system to the City Engineer for approval prior to the City Clerk signing the final plat. • The applicant is proposing to retain use of the existing well and septic system that is currently utilized by the existing residence on part of the property and proposing to implement a new septic system and connect to Suez Water by connecting with an existing water mainline that runs adjacent to the subject property. Eagle City Code Section 8-2-1 states in part that, "centralized water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per two(2) acres (R-E). The applicant should connect the property to centralized water and sewer where service connections are available. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on May 17, 2021, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. On June 7, 2021, upon receiving additional counsel from the City's legal council,the Commission revised their recommendation. 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 one(1)individual(not including the applicant)who indicated the following: • As a longtime resident,he has seen a lot of change come to North Meridian Road. • A sidewalk in front of the subject property would seem unnecessary since it would not connect to any adjacent sidewalks. • The frontage of the subject property that includes the white split rail style fence is appropriate for the area. Page 11 of 20 K.\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub pzf rev.docx • The grade at the front of the subject property adjacent to Meridian Road sits below North Meridian Road so a sidewalk would either be built below the street or would have to be raised up to the level of the street. • The streetlights are not needed at the subject residence. There are no streetlights from the residence north to Beacon Light. • Flood irrigation is standard for this area. COMMISSION DELIBERATION: (Granicus time 01:04:56) Upon closing the public hearing,the Commission discussed during deliberation that: • Alternative methods of compliance exist within Eagle City Code for the streetlights,a landscape buffer,and pressurized irrigation system.However,the code does not provide an alternate method of compliance for the inclusion of sidewalks. • Throughout the City there are numerous sidewalks that do not currently connect to other adjoining properties,but it would be preferred that through future planning those sidewalks did connect adjoining properties. • Given the hardship due to the infrequency of irrigation water delivery,as stated within the submitted pressurized irrigation waiver request,the Commission supports the pressurized irrigation waiver. • The Commission determined that due to the location of existing street lights on North Meridian Road that a new street light at the proposed project is not required. COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE: The Commission voted 4 to 0 (McLaughlin absent)to recommend approval of A-12-20 and RZ-16-20 for an annexation and rezone from RUT (Rural-Urban Transition — 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 with strike through text to be deleted by the Commission: 3.1 The maximum density for the Property shall be 0.43 dwelling units per acre (two (2) single-family lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement.Further,the 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 with this Agreement. 3.3 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. 3.4 The existing residential dwelling unit located within Lot 1, Block 1 shall be allowed to remain at its current location. Should the existing dwelling be replaced,the new dwelling shall meet the setback requirements for the R-E(Residential-Estates)zone at the time when applications for building permits are reviewed. Page 12 of 20 K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub Wray docx 3.5 The applicant shall connect to centralized water and sewer where service connections are available for the portion of the subject property that is not currently utilizing existing well and septic. 3.6 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 drives including the repair and replacement of asphalt and sidewalks,in perpetuity. associated electricallight bulbs tufty (c) A maintenance manual for the landscaped buffer area requiring that the association shall have the duty to maintain the irrigation system,trees,shrubs,and groundcovers within the common -let landscaped area located in the easement adjacent to North Meridian Road in a competent and attractive manner,in perpetuity. (d) A requirement that in the event any of the CC&Rs are less restrictive than any government rules,regulations or ordinances,then the more restrictive government rule,regulation or ordinances shall apply. The CC&Rs are subject to all rules,regulations,laws and ordinances of all applicable government bodies. In the event a governmental rule,regulation, law or ordinance would render a part of the CC&Rs unlawful,then in such event that portion shall be deemed to be amended to comply with the applicable rule,regulation, law or ordinance. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 4 to 0 (McLaughlin absent) to recommend approval of PP/FP-01-20 for a preliminary plat for Spartan Estates Subdivision 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 strike through text to be deleted by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all requirements of the City Engineer. 2. The applicant shall submit payment to the City for all 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]) 3. Comply with all conditions within the development agreement for the annexation application(A-12- 20)and rezone application(RZ-16-20). 4. Provide a revised Preliminary Plat with a note that states, "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." 5. Provide a revised preliminary plat with a new plat note stating, "Development of this property shall be in conformance with Eagle City Code and consistent with the conditions of development within the development agreement associated with RZ-16-20, or any subsequent modifications."The revised preliminary plat shall be provided prior to the City Clerk signing the final plat.(ECC 8-2-1) 6. 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 Page 13 of 20 K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub pzf rev.docx from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof."" The revised preliminary plat shall be provided prior to the City Clerk signing the final plat. 7. Provide a copy of the Central District Health Department(CDHD) application and engineering report or correspondence from CDHD indicating the subdivision has been reviewed and approved by CDHD prior to the City Clerk signing the final plat. 8. The Spartan Estates Subdivision shall remain under the control of one Homeowners Association. (ECC 9-3-8[D][4]) 9. The applicant shall include a minimum 5-foot wide detached sidewalk that extends the full length of the property (contiguous from the northerly property line to the southerly property line except at the private driveways)to allow for future connectivity along the west side of North Meridian Road in the future. A revised preliminary plat that reflects the inclusion of a sidewalk, as noted above, should be submitted prior to the signing of the final plat. (ECC 9-4-1-6[F]) 10. The applicant shall provide a revised preliminary plat that includes a minimum 10-foot-wide sidewalk easement for pedestrian access along the front lot line adjacent to the right of way at North Meridian Road that will remain in perpetuity prior to the City Clerk signing the final plat.(ECC 9-3-3) 11. The applicant shall submit a revised final plat that includes a 20-foot-wide utility easement over Lot 2 that allows Lot 1 perpetual access to the existing gravity irrigation line and proposed Pressurized Irrigation Pump Station facilities shown on the plan prior to the City Clerk signing the final plat. 12. The proposed driveway for Lot 2 lot shall be located, designed, and constructed in compliance with ACHD regulations. 13. The applicant shall demonstrate that storm water from individual lots is handled by a storm drainage facility or shall place a note on the final plat stating that all storm water from the individual lots is to be retained on the individual lots prior to the City Clerk signing the final plat.(ECC 9-4-1-10) shared property line. The street light leeation ark specifications (including ertt sheets with style, €rush, wattage, put, and optic cut offs) shall be reviewed and approved by City staff prior pfier-to-the-Gitt,-Gler-k-signing-the-final-plat, 15. Any utilities serving the site shall be located underground. (ECC 9-4-1-8) 16. The applicant is to provide a copy of the CC&R's to the City prior to the signing of the final plat. 17. The applicant shall provide a revised preliminary plat and landscape plan that includes the addition of a common lot th 35 f of wide landscaped tb„ff „seen loF 35-foot wide landscape easement located adjacent to North Meridian Road that grants perpetual access from Lot 1 over Lot 2 and from Lot 2 over Lot 1 for maintenance as an alternate method of compliance to the buffer requirements stated within Eagle City Code, Section 8-2A-7(J)(4)(a). The landscape plan, which reflects the proposed improvements, is to be submitted for Design Review approval and prior to the City Clerk signing the final plat. 18. A revised preliminary plat shall be submitted that shows and denotes the removal/relocation of the existing vinyl fence that runs parallel to North Meridian Road where needed to allow for the inclusion of a new sidewalk, landscape buffer(if required),and the new private driveway. 19. The applicant submitted a pressurized irrigation waiver stating that an alternative irrigation delivery method (gravity irrigation) to the site already exists and will continue to be utilized. The pressurized irrigation waiver request is hereby granted. Page 14 of 20 K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub pa'rev.docx waiver request not be granted by the City Council, the applicant shall submit a revised preliminary plat, construction drawings, and report with calculations of the pressurized irrigation system that complies with the requirements of Eagle City Code Section 9 4 1 9(C) to the City Engineer for approvalpr r to♦he City Clerk g the fnal pla♦ 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. 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 Page 15 of 20 K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub pzf rev.docx performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including,but not limited to,landscaping,fencing, lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district,or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. 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. Page 16 of 20 K.\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub paf rev.docx 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 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. Page 17 of 20 K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub pat'rev.docx 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 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 Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-12-20/RZ-16-20) 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: Page 18 of 20 K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub pzf rev.docx a. The requested zoning designation of R-E-DA (Residential-Estates with a development agreement) is consistent with the Neighborhood Residential (with a Transition Overlay) and Village Planning Area designations as shown on the Comprehensive Plan Land Use Map. The project, as designed, is located on the eastern edge of the Neighborhood Residential and Village Planning Area and is consistent with the desired transition of densities from the larger Estate Residential (1 unit per 2 acres to 1 unit per 5 acres) zoning designation on the east side of North Meridian Road. 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.The existing residence within Lot 1 will retain use of the existing septic and domestic well. The proposed residence within Lot 2 will utilize a new septic system and domestic water provided by Suez Water. c. The proposed R-E-DA (Residential-Estates with a development agreement) zoning district is compatible with the R1 (Residential — Ada County designation) zone and land use to the north since that area contains a single-family residential subdivision; d. The proposed R-E-DA (Residential-Estates with a development agreement) zoning district is compatible with the R-E-DA (Residential-Estates with a development agreement) zone and land use to the south since that area contains one(1)single-family dwelling; e. The proposed R-E-DA (Residential-Estates with a development agreement) zoning district is compatible with the R-E-DA (Residential-Estates with a development agreement) zone and land use to the east since that area contains a single-family residential subdivision. North Meridian Road separates the subject property from the properties located to the east of the proposed development; f. The proposed R-E-DA (Residential-Estates with a development agreement) zoning district is compatible with the RUT(Rural Urban—Ada County Designation)zone and land use to the west since that area currently contains a single-family residential subdivision; 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 Commission reviewed the particular facts and circumstances of this proposed combined preliminary plat and final plat(PP/FP-01-20)and based upon the information provided concludes that the proposed combined preliminary plat/final 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 because the property will be limited by the development agreement to allow for a maximum of 2 lots within 4.69-acres(0.43 dwelling units per acre) with the smallest lot being 2.25-acres. The subdivision aligns with the Neighborhood Residential and the Village Planning Area designations within the Comprehensive Plan and the proposed R-E-D-A (Residential-Estates with a development agreement) zoning designation which requires 1.8-acre minimum lot sizes; b. The subdivision will be served adequately by essential public facilities such as streets,police and fire protection,schools,drainage structures,and refuse disposal; or that the persons or agencies Page 19 of 20 K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates Sub pal rev.docx 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. Lot 1 will be served by an existing domestic well and septic system.Lot 2 will be developed to utilize a new septic system and domestic water provided by Suez Water.The subject property will not require connection to public services for irrigation water or sewer services. c. That there are no known capital improvement programs for which this development would prevent continuity; d. That based upon agency verification and additional written comments of the Ada County Highway District and Eagle Sewer District as conditioned herein, there is adequate public financial capability to support the proposed development; e. That any health, safety and environmental problems that were brought to the Commission's and attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein. 3. The Commission reviewed the particular facts and circumstances of this proposed combined preliminary and final plat(PP/FP-01-20) 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: 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. DATED this 21st day of June 2021. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho t..5 Trent Wright,Chairman el 30 s. ATT ST: ••••.••raki•-01 .....r, •'•.•�. • IL • ra .O ,Eag e City Clerk ? 0 i R (� • K:\Planning Dept\Eagle Applications\S �\2020\Spartan Estates Sub per'rev.docx