Findings - PZ - 2021 - RZ-04-21 &PP/FP-01-21 - Middlefork Estates BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A )
REZONE FROM R-E-DA(RESIDENTIAL- )
ESTATES WITH A DEVELOPMENT )
AGREEMENT)TO R-1-DA(RESIDENTIAL )
WITH A DEVELOPMENT AGREEMENT)AND )
COMBINED PRELIMINARY AND FINAL )
PLAT FOR MIDDLEFORK ESTATES )
SUBDIVISION FOR MICHAEL AND )
JULIE HARRISON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-04-21 &PP/FP-01-21
The above-entitled rezone with a development agreement and combined preliminary and final plat
applications came before the Eagle Planning and Zoning Commission for their recommendation on July
06, 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,makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Michael and Julie Harrison are requesting a rezone from R-E-DA (Residential-Estates with a
development agreement) to R-1-DA (Residential with a development agreement) and combined
preliminary and final plat approval for Middlefork Estates Subdivision, a 3-lot residential
subdivision. The 3.15-acre site is located on the west side of North Meridian Road approximately
1,725-feet north of West Floating Feather Road at 1655 North Meridian Road.
B. APPLICATION SUBMITTAL:
A neighborhood meeting was held on site at 6:00 PM, Thursday, April 01, 2021, in compliance
with the application submittal requirements of Eagle City Code. The applications for this item
were received by the City of Eagle on March 16, 2021.
C. NOTICE OF PUBLIC HEARING:
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 June 11, 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 June
11, 2021. Requests for agencies' reviews were transmitted on March 17, 2021, in accordance with
the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City
Code on June 25,2021.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 13, 2007, the Eagle City Council approved an annexation and rezone for Julie
Harrison for the property located at 1655 North Meridian Road(A-16-06 &RZ-21-06).
D. 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 March 11, 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 March 11, 2021 (attached to the staff
report).
H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING DESIGNATION LAND USE
DESIGNATION
Existing Neighborhood(Residential R-E-DA(Residential-Estates Single-family residential
Transition Overlay)within with a development
the Village Planning Area agreement)
Proposed No Change R-1-DA(Residential with a Single-family residential
development agreement) subdivision
North of site Neighborhood(Residential R-2-DA(Residential with a Single-family residential
Transition Overlay) development agreement) subdivision
(Henry's Fork Sub No.4)
South of site Neighborhood(Residential R-E-DA(Residential-Estates Single-family residential
Transition Overlay) with a development
agreement)
East of site Large Lot Residential R-E(Residential-Estates) Single-family residential
subdivision
(Canterbury Sub No. 3)
West of site Neighborhood(Residential R-2-DA(Residential with a Single-family residential
Transition Overlay) development agreement) subdivision
(Henry's Fork Sub No. 2)
I. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA, CEDA, or DSDA.
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J. SITE DATA:
Total Acreage of Site—3.15-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
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.95-units per acre 0.95-units per acre maximum(as
limited within the development
agreement)
Minimum Lot Size 43,560-square feet 37,000-square feet(minimum)
Minimum Lot Width 150-feet 75-feet(minimum)
Minimum Street Frontage 150-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:
This subdivision is proposed to be located within the R-1-DA (Residential with a development
agreement) zoning district; a minimum amount of open space is not required, and none is
proposed.
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
shall cross any lot line onto another lot except within a drainage easement.
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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. One(1)
existing fire hydrant exists adjacent to the subject property on the east side of North Meridian
Road.
On-site Septic System:No
Pressurized Irrigation:
The development will contain a pressurized irrigation system which is supplied with water from
the New Dry Creek Ditch Company and Farmer's Union Ditch Company.
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: A 5-foot wide detached sidewalk exists within the Right of Way along the west side
of Meridian Road and is to remain.
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, all three (3) lots
within the subject property will be serviced by Suez Water (domestic water) and Eagle Sewer
(sanitary sewer).
R. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—Not known
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
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Mature Trees — Near the existing residence within Lot 1, around the perimeter of the two (2)
proposed lots(Lot 2 and Lot 3), adjacent to North Meridian Road, and adjacent to the canal to the
west of the subject property.'
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—None known to date
Unique Plant Life—None known to date
Unstable Soils—None known to date
Wildlife Habitat—None known to date
Historical Sites—None known to date
S. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required
T. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the Engineer's letters dated May 24,2021 are of special
concern.
City Trails and Pathways Superintendent
City Historical Preservation Commission
Ada County Highway District
Ballentyne Ditch Company
Central District Health
Department of Environmental Quality
Eagle Fire Department
Farmer's Union Ditch Company
Idaho Department of Environmental Quality
Marathon Petroleum
New Dry Creek Ditch Company
U. LETTERS FROM THE PUBLIC:
The following members of the public have responded and their correspondence is attached to the
staff report:
Email correspondence received from Kris Scovel,received by the City on June 19,2021.
Email correspondence received from Donald and Pamela Gauthier,received by the City on June
29, 2021.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
• 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
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
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Residential Transition Overlay
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
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.
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• ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established,Purposes and Restrictions:
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.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Requirements:
Minimum Yard Setbacks
Note Conditions A To E* Minimum
Maximum Lot Area Minimum
Lot (Acres Or Lot
Zoning Maximum Interior Street Covered F Square Width I*
District Height Front Rear Side Side And J* Feet) H* Front
R-1 35' 30' 30' 15' 30' R-1 35' 30'
4
• 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.
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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.
• 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;
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 9-3-5: 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)
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• Eagle City Code Section 9-3-6: Easements:
B. Unobstructed drainageway easements shall be provided in conjunction with the
utility easement alongside lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of
the planned unit development.
• Eagle City Code Section 9-4-1-5: 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)
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 fmds:
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.
• The provided preliminary plat, date stamped by the City on April 08, 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 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
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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 sites on Lot 2 and Lot 3 is also proposed. Driveway
improvements, to both the new and the existing driveways, should comply with all ACHD
alignment and design standards and requirements.
• The provided final plat, date stamped by the City on April 8, 2021, includes plat note #3 that
states that all property lines shall have a 10-foot wide drainageway easement that will be
centered on each lot line. Eagle City Code Section 9-3-6 requires that drainage easements shall
not be less than 12-feet in width. The applicant should submit a revised final plat with note #3
revised to state that the drainage easement is to be a minimum of 12-feet in width.
• The provided preliminary and final plats, date stamped by the City on April 8, 2021, do 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 Lot 1 and Lot 2. The revised preliminary and final plats
should be provided prior to the City Clerk signing the final plat.
• The preliminary plat, date stamped by the City on April 8, 2021, does not include a plat note
that reserves Lot 3 perpetual access over Lot 2 in perpetuity. The applicant should submit
revised preliminary and final plats with an additional plat note that states that Lot 3 is conveyed
the perpetual right of ingress and egress over Lot 2 and the described private driveway, the
perpetual easement shall run with the land, that the restrictive covenant for maintenance of the
driveway cannot be modified, and the homeowners'/property owners' association or other
entity cannot be dissolved without the express consent of the City prior to the City Clerk
signing the final plat.
• The preliminary plat, date stamped by the City on April 8, 2021, does not contain a plat note
that states that all development within this subdivision shall be consistent with the conditions of
development within the development agreement. The applicant should submit a revised
preliminary and final 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"prior to the City Clerk signing the final plat.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 06,
2021, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of the applications was given before the Planning and Zoning Commission by
no one(not including the applicant).
C. Oral testimony in opposition to the applications was given before the Planning and Zoning
Commission by no one.
COMMISSION DELIBERATION: (Granicus time 01:06:32)
Upon closing the public hearing,the Commission discussed during deliberation that:
• The proposed subdivision is in conformance with the density identified within the Comprehensive
Plan and is consistent with the density of the adjacent properties.
• The existing landscape improvements along North Meridian Road provide adequate buffering of
the residential lots from the public right of way. The applicant should be allowed to utilize the
landscape improvements along North Meridian Road as an alternative method of compliance to
the included condition that requires a landscaped common lot.
• The Commission determined the existing adjacent residential lots north of the subject property are
significantly buffered through mature landscape screening and are of a considerable distance away
from the proposed lots (Lots 2 and 3) within the subject property and, as such, limiting the heights
of any future residences within the subject property to single story is not warranted.
• An additional condition should be added that would prohibit further re-subdivision of the subject
property in the future.
COMMISSION DECISION REGARDING THE REZONE WITH A DEVELOPMENT
AGREEMENT:
The Commission voted 5 to 0 to recommend approval of RZ-04-21 for a rezone from R-E-DA
(Residential-Estates with a development agreement) to R-1-DA (Residential with a development
agreement) with the following staff recommended conditions to be placed within a development
agreement with underline text to be added by the Commission and strikethrough text to be deleted by the
Commission:
3.1 The maximum density for the Property shall be 0.95 dwelling units per acre for three (3) 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.
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3.4 The senditions7-envenants-antl-restfietiens recorded maintenance agreement for the Property shall
contain at least the following:
(a) A maintenance manual for the private driveways requiring the assesiation(s)lot owner(s) shall
have the duty to maintain and operate the shared paved surfaces including sidewalks and
private drives, including the repair and replacement of the finish material (i.e. concrete or
asphalt), in perpetuity.
(b) A maintenance manual for the streetlight(s) requiring that the association lot owner(s) shall
have the duty to maintain and operate the light fixtures including the repair and replacement of
the fixture, any associated electrical supply, and light bulbs, in perpetuity.
(c) A maintenance manual for the landscaped buffer area requiring that the association lot owner(s)
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 Way in a
competent and attractive manner, in perpetuity.
(d) A requirement that in the event any of the CC&Rs specifications within the recorded
maintenance agreement 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 recorded maintenance agreement is 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 maintenance agreement 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 The applicant shall connect to centralized water and sewer, as proposed,to service all three(3)lots.
COMMISSION DECISION REGARDING THE COMBINED PRELIMINARY PLAT AND
FINAL PLAT:
The Commission voted 5 to 0 to recommend approval of PP/FP-01-21 for Middlefork 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 rezone application(RZ-04-21).
4. The applicant shall submit a revised Preliminary Plat and Final Plat with a note that states,"Lots shall
not be reduced in size without prior approval from the health authority."
5. 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."
6. The applicant shall provide a revised final plat that amends standard note #3 to state that "a 12-foot
drainage easement will be centered on each lot line unless noted otherwise," prior to the City Clerk
signing the final plat. (ECC 9-3-6 [B])
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7. The applicant shall provide a revised preliminary and final plat that states that the 35-foot wide
ingress- egress access,utility, and drainage easement shall explicitly allow Lot 3 access over Lot 2 in
perpetuity.
8. The applicant shall provide a revised preliminary plat with a standard note that states that the required
utility, drainageway, sidewalk, access, and canal easements will run with the land and be provided in
perpetuity prior to the City Clerk signing the final plat.
(ECC 9 3 8[D][1])
10. Provide a revised preliminary plat that includes a streetlight located within Lot 1 along North
Meridian Road at the shared prepet. line and adjacent to the northern property line of Lot 1. The
street light location and specifications (including cut sheets with style, finish, wattage, lumen output,
and optic cut-offs) shall be reviewed and approved by City staff prior to installation. The revised
preliminary plat shall be provided and the streetlight shall be installed prior to the City Clerk signing
the final plat.
11. 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)
12. Any overhead utilities serving the site shall be located underground. (ECC 9-4-1-8)
13. The applicant shall provide a revised preliminary plat and landscape-plan that includes the addition of
a lot t'' 35 foot wide landscapea buff e 'common lot 35-foot wide landscape
easement located adjacent to North Meridian Road that grants perpetual access from Lots 1 and 3
over Lot 2 and from Lots 2 and 3 over Lot 1 for maintenance as an alternate method of compliance to
the buffer requirements stated within complies with Eagle City Code, Section 8-2A-7(J)(4)(a) and
prior to the City Clerk signing the final plat.
14. The applicant shall submit an executed and recorded maintenance agreement and a revised final plat
that references the recorded maintenance agreement prior to the City Clerk signing the final plat. The
recorded maintenance agreement shall specify the responsibilities of the lot owner(s) in regards to the
installation, operation and maintenance responsibilities of the pressurized irrigation system, shared
driveways, street light, and landscape improvements within the 35-foot-wide easement adjacent to
North Meridian Road.
15. No further reduction of lot sizes or subdividing of the three (3) proposed lots shall be allowed within
the subject property without approval from the Eagle City Council.
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.
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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
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
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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.
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.
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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.
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.
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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 (RZ-04-21)
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 is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of R-1-DA (Residential 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 domestic water provided by Suez
Water and sanitary sewer services provided by Eagle Sewer. The proposed residences within Lot
2 and Lot 3 will utilize domestic water provided by Suez Water and sanitary sewer provided by
Eagle Sewer.
c. The proposed R-1-DA (Residential with a development agreement) zoning district is compatible
with the R-2-DA (Residential with a development agreement) zone and land use to the north
since that area contains a single-family residential subdivision;
d. The proposed R-1-DA (Residential 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 on a 1.8-acre lot;
e. The proposed R-1-DA (Residential with a development agreement) zoning district is compatible
with the R-E (Residential-Estates) zone and land use to the east since that area contains a single-
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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-1-DA (Residential with a development agreement) zoning district is compatible
with the R-2-DA(Residential with a development agreement)zone and land use to the west since
that area currently contains a single-family residential subdivision. Dry Creek Canal separates the
subject property from the properties located to the west of the development;
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-01-21)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 3 lots within 3.15-acres (0.95 dwelling units per acre)with the smallest
lot being 0.91-acres. The subdivision aligns with the Neighborhood Residential and the Village
Planning Area designations within the Comprehensive Plan and the proposed R-1-D-A
(Residential with a development agreement) zoning designation which requires 37,000-square
foot 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
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 retain use of the existing domestic water provided
by Suez Water and sanitary sewer services provided by Eagle Sewer. The proposed residences
within Lot 2 and Lot 3 will utilize domestic water provided by Suez Water and sanitary sewer
provided by Eagle Sewer.
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
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-01-21) 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;
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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 19th day of July 2021.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
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