Findings - PZ - 2016 - A-01-16/RZ-01-16 & PP/FP-03-16 - Annex & Rezone Rut To Re-Da Eusterman Subdivision 3709 W Floating FeatherThe above -entitled annexation, rezone with a development agreement, and combined preliminary/final plat
applications came before the Eagle Planning and Zoning Commission for their recommendation on May
16, 2016, 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
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FINDINGS OF FACT:
A. PROJECT SW, UYATY:
Matthew B. Eusterman, represented by Mark Butler with Land Consultants Inc., 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 Eusterman Subdivision, a 2 -lot residential subdivision (re -subdivision of Lot 4,
Block 1, Ray's Acres Subdivision). The 5.61 -acre site is generally located on the south side of
Wesl Flo4i
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A Neighborhood Meeting was held on-site, at 6:00 PM, on Monday, February 1, 2016,
compliance with the application submittal requirement of Eagle City Code. The application for t
item was received by the City of Eagle on March 3, 2016.
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on April 11, 2016. Notice of this public hearing was mailed to property owners within
"I I 1 11 Y11 111 � 111�,Jqiiiiii !�Iip
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See applicant's-j-u-s-tit-ication letter, date stamped by the City on March 3, 2016 (attached to the staFf
report).
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SITE DATA:
Total Acreage of Site - 5.61
Total Number of Lots - 2
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COMP PLAN
ZONING
DESIGNATION
DESIGNATION ---------------
Existing
Residential One
RUT (Rural Urban
I
Transition -Ada County
Designation)
R -E -DA (Residential -Estates
Single family residential
with a development
development
agreement) ]
I
North of site
Residential Two
R -E (Residential -Estates)
Single family residential
subdivision (Cavallo
Subdivision)
.-So-uth- of site ---
--- --- ---- --
Public/Semi-Public
-----------------------
PS (Public/Semipublic)
Eagle High School
East of site
Residential One
A -R -DA (Agricultural-
Abundant Life Baptist
Residential with a
Church
development agreement)
West of site
Residential One
RUT (Rural Urban
------------- -----------------------
Single family dwelling &
Trn
ano-Ada County
pasture
L Designation)
SITE DATA:
Total Acreage of Site - 5.61
Total Number of Lots - 2
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ADDITIONAL SITE DATA
Dwelling Units Per Gross Acre
—.35 -units per acre
I -unit per two acres (.40 -un its
Lper
acre maximum)
Minimum, Lot Size
I----
2.1 5 -acres
minimum)
- -- --- ------
Minimum Lot Widthf
---
0 -feet (minimum)
Minimum Street Frontage
Total Acreage of Common Area
0 -acres (not required in the R-
E zoning district)
Percent of Site as Common Area
0% (not required in the R -E
zoning district)
----------------
GENERAL SITE DESIGN FEATURES:
Open Space:
The proposed subdivision will be located within the R -E (Residential -Estates) zoning district, a
minimum amount of open space is not required, and none is proposed.
to Drainage and Flood Control:
The applicant should demonstrate that the storm water from individual lots is handled by a storm
drainage facility or the applicant should place a note on the final plat stating all storm water from
the individual lots is to be retained on the individual lots per Eagle City Code 9-4-1-10. This
should be completed prior to the City Clerk signing the final plat.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code Section 9-3-6 requires utility casements to be not less than 12 -feet wide, except
that lesser easement widths, to coincide with respective setbacks, may be considered as part of a
planned unit development (PUD).
Fire Hydrants and Water is
The applicant is not proposing any fire hydrants.
On-site Septic System — Yes
The existing home is served with an individual septic system.
Pressurized Irrigation:
The site has historically been flood irrigation, therefore, the applicant is requesting a pressurized
irrigation waiver.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the
subdivision. The site has mature trees located in proximity to the eastern boundary, southern
boundary and the existing residence. The developer is not proposing to remove the existing trees.
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Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
K. STREET DESIGN:
Public or Private Streets:
The site is fronted by West Floating Feather Road. No new roads are proposed.
Blocks Less Than 500': None
Cul-de-sacDesign: None proposed.
Sidewalks:
The applicant is proposing a five-foot (5') wide sidewalk to be located adjacent to West Floating
Feather right-of-way.
Curbs and Gutters: None proposed.
Lighting: No street lights are proposed.
Street Names: No new streets proposed.
L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CI[:
Pedestrian Walkways: None proposed.
Bike Paths: None proposed.
M. PUBLIC USES S one proposed.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS o map currently exists.
0. AVAILABILITY AC UTILITIES AND SERVICES:
The property is located within the Eagle Fire District. There is an Eagle Sewer District sewer line
located within the West Floating Feather Road ri t -of -way located adjacent to the site. The
property is located within the United Water of Idaho (Suez) certificated service area.
P. SPECIAL -SITE S:
Areas of Critical Environmental Concerno
Evidence of Erosion —No
Fish Habitat —No
Floodplain — No
Mature Trees — Yes — located adjacent to the eastern and southern property lines and in proximity
to the existing residence located within the southern portion of the site.
Riparian Vegetation —No
Steep Slopes — Yes — located behind the existing residence.
Stream/Creek — Yes — Dry Creek Ditch located adjacent to the southern property line.
Unique Animal Life —No
Unique Plant Life —No
Unstable Soils —No
Wildlife Habitat—o
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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 April 11, 2016, are of special
concern (attached to the staff report).
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
Republic Services
Tesoro Logistics NW Pipeline
'I �011 A�ii
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
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allowable density of up to I unit per I acre.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOS&L:
MR111-31TRIzzi U
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.
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
berm ing/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:
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b. Any road designated as a minor arterial on the transportation and pathway network plan
in the Eagle comprehensive plan:
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/omamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
thereof shall be provided within the buffer area. The maximum slope for any berm shall
be three feet (Y) 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 -,rlacement of the decorative wall, Chainlink. cedar. and milar-h-i-ah maintenance
and/or unsightly fencing shall not be permitted.
Zoning
11
um
lMaxim_�__7pr
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Minimum Lot
M
Distric,
I
Height
Area (Acres Or
�Lot
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1
So. Ft.) G And
Wid th 1*
-----------------
- -----------------------
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1. The minimum lot size for the inclusion of an accessory dwelling unit is seventeen thousand
(17,000) square feet or greater unless otherwise approved as part of a development
agreement or PUD. Accessory dwelling units on lots of seventeen thousand (17,000)
square feet or less shall count as a unit for the purpose of calculating development density.
; V111114
0
T-TWIffrom
Accessory Dwelling
Unit Maximum Size
500 square feet
640 square feet
800 square feet
1,200 square feet
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1. See subsection •
limitations3. Accessory dwelling units may only be located to the rear or side of the principal dwelling
and shall not be located in front of the front plane of the principal structure unless
otherwise permitted as part of a development agreement or PUD approval.
4. Accessory dwelling units must comply with all required setback and lot coverage
w principal dwellingfor A'zone.
5. Detached accessory dwelling units shall meet minimum building separation standards as
described in the building code.
6. All accessory dwelling units require a zoning permit to be issued prior to the issuance of a
building
7. An existing principal single-family dwellingshall existonthelot or beconstructed
and shall obtain an occupancy permit prior to or in conjunction with the accessory unit.
8. Only one accessory dwelling unit shall be allowed for each parcel.
9. Exterior design of the accessory dwelling unit will be compatible with the principal
residence on the lot and not detract from the single-family appearance of the lot or obscure
fconfuse! Atheprincipal
10. Accessory dwelling units shall comply with the off street parking requirements for
apartment and multi -family dwellings under Section 8-4-5 of this title.
11. The entrance to the accessory dwelling unit shall not be permitted to face toward the street
unless the accessory unit is located completely behind the rear plane of the principal
12. The accessory dwellingnot be • !!separately.
C. SUBDIVISION ORDINANCE PROVISIONS ARE OF SPECIAL CONCERN
REGARDING PROPOSAL:
1. A site report as required by the appropriate health district where individual wells or septic tan
are proposed.
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:
I . The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication II street wideninginvolved;
3. No major special development considerations are involved such as development in a
floodplain, / developmentor the like;
form;4. All required information for both preliminary and final plat is complete and in an acceptable
A
5. The proposed subdivisionA 1 Comprehensive or provision /f
the Zoning Title of the City.
Where individual ! been authorized, sufficient area shall be provided for a
replacement disposal
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A. Jinobstructed utility easements shall be provided along front lot lines, rear lot lines and side lo'i
lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement
widths, to coincide with respective setbacks, may be considered as part of the planned unii
development.
B. #nobstructed drainageway easements shall be provided in conjunction with the utility easement
along side lot lines or as required by the city council. Total easement width, including the
utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to
coincide with respective setbacks, may be considered as part of the planned unit development.
C. All natural drainage courses shall be left undisturbed or be improved in a manner which will
improve the hydraulics and ease of maintenance • the channel.
at the subdividers' expense, streeffights; in accordance with city specifications and standards at
locations designated by the "administrator" (as defined by Section 9-1-6 of this title, or his/her
representative, hereinafter referred to as "administrator"). After installation and acceptance by the
administrator, the city shall have the right to pay the cost of maintenance and power and assume
ownership of the streetlights.
0 Eagle City Code, 9-4-1-9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units shall be provided with a pressurized irrigation system to be
served with irrigation water unless a waiver, as outlined herein, is approved by the city
COUTCil.
The city has adopted supplemental standards and regulations (titled "Pressure Irrigation
Standards", incorporated herein by reference and available at Eagle city hall) pertaining to
the design, construction and maintenance of pressurized irrigation systems. Plans and
documents reflecting the required standards and regulations shall be submitted with the
application for a preliminary plat.
loll
"Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These
standards shall supplement all other regulations, and where at variance with other laws,
regulations, ordinances or resolutions, the more restrictive requirements shall apply. The
council may determine that revisions to the supplemental standards are warranted and
make such revisions by act of a resolution.
a. The pressurized irrigation system may have a backup connection to a potable water
system with the approval of the city, city engineer, and the potable water purveyor,
and the installation of a state approved reduced pressure backflow prevention
assembly or an air gap separating the irrigation system and the potable water system.
The operation, maintenance, associated costs, and annual inspection of the backup
connection and the backup system's reduced pressure backflow prevention assembly
shall be the responsibility of the entities as determined in "Pressure Irrigation
Standards" of this section. Individual backup connections to individual lots by
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KVIAnI DWE&gla Applicialiom\SUBSUDIMEuslowuIn Sub pUN
individual lot owners shall be prohibited with the exception of the common area lots
owned and maintained by the homeowners' association.
b. The pressurized irrigation system shall be designed by a licensed professional
engineer registered in the state of Idaho, and the construction plans for the system
shall be reviewed and approved by the city engineer.
2. The requirement for installation of a pressurized irrigation system may be �aiv!d by t
city council when the applicant has established that any of the following situations exi
(the sale or transfer of an existing water right shall not be grounds for requesting a waiv
pursuant to this provision): 11
a. Where a sufficient surface irrigation water right does not exist for the property. The
lack of surface gation water right shall be documented in writing by the appropriate
irrigation district or canal company and the department of water resources and shall be
submitted with the subdivision preliminary plat. In this case a waiver shall only be
granted for that portion of the subdivision that cannot be served.
b. Where an existing surface water right cannot be delivered to the property by an
gation district or canal company due to current delivery capacity or scheduling. In
these situations the city council may still require the installation of I'
irrigation system, provided water rights can be made available to the property and
delivery system modifications can be made so irrigation water can be supplied within
two (2) years.
c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the city engineer. The applicant shall present the proposed
alternative delivery system to the city engineer at the time the waiver is requested.
d. That due to the specific circumstances surrounding a new subdivision, the cost of
obtaining water rights, reestablishing water rights or developing the system would
impose an undue economic hardship on the developer. For purposes of this section, an
undue economic hardship shall consist of a showing that the cost per lot to develop the
pressurized irrigation system would be twenty five percent (25%) higher than the cost
per lot for providing a pressurized irrigation system to subdivisions of similar size and
density constructed in the city within the previous two (2) years; or the cost per lot of
the pressurized irrigation system would exceed five percent (5%) of the expected per
lot market value of the subdivision.
The developer shall bear the burden of providing documentation, acceptable to the
zity engineer and city council, demonstrating and supporting the estimated costs of
construction of the pressurized irrigation system, and the cost per lot for irrigation
systems in those subdivisions built in the last two (2) years as noted above, and the
z;xpected market value of the subdivision lots. For phased developments, costs will be
9-nalyzed over all phases of the development rather than the first phase only.
3. Should installation of a pressurized irrigation system be waived by the city engineer,
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 applicati
and shall be accompanied by an irrigation report, prepared by a licensed Idaho register.110.,
professional engineer, stating the location and availability of surface irrigation water a
documenting the basis for the waiver request. If applicable, the irrigation report shall
accompanied by a letter from the irrigation district or canal company stating that WaV
rights and/or a delivery system are not available to the property. (Ord. 566, 5-15-2007)
Page 9 of 21
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113
0 Eagle City Code, 1 9-4-1 {Storm1 Flood l 1 A.
A. Adequate Drainage System:adequate A o accommodatestorm
water runoff
from the public ■o ..shallberequiredin all subdivisions.
requirements for each particular subdivision shall be established by the Ada County Highway
District and/or the Idaho Transportation Department, and construction shall follow the
specifications and procedures established by said Ada County Highway District or Idaho
Transportation ep
StormH. +RetentionOn site retentionor partial on F ofstorm
previouslydrainage from new developments is required in any case where, due to development activity,
such drainage would be increased either in peak flow rate or in total quantity from that
dischargedfrom the , 1 or property R , developed. Complete retention
required
in all cases except those where: 1) runoff flows directly, without crossing intervening
property, into an existing drain ditch or other drainage facility that is operated and maintained
by a drainage receiver, and 2) such drainage receiver agrees, as evidenced by valid and
binding public document, to receive a certain definite quantity of storm drainage from the
development. Retention on site of any drainage not so accepted by a drainage receiver or any
drainage in excess of the quantity accepted by a drainage receiver is a duty of the current
property owner
Retentionor partial1shall 1- provided as an essentialpartof such
development. /construction/such retention facilities shall conformFstandards,
entitled "Design Standards For Storm Drainage Retention Facilities", adopted by resolution of
the city council, and which standards may, from time to time, be amended by subsequent
resolution of the council. All facilities shall be maintained on an ongoing basis in order to
perform as designed. Should any of the provisions of the supplemental standards conflict with
the standards set forth herein, the higher standard shall apply.
standards.
The Comprehensive Plan Land Use Map designates the property as Residential One. The applicant
has submitted annexation, rezone, and combined preliminary plat and final plat applications for
Eusterman Subdivision, a 5.61 -acre, 2 -lot residential subdivision. The maximum overall density of
the project exceed per acre.
/ 1 !A ! 111-10-4-11-
k. No new street dedication or street widening is involved;
No major special development considerations are involved such as development in
floodplain, hillside development or the like; I
4. All required /. / r 1 for both preliminary and final plat is completeand in an acceptable
form;
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested annexation,
rezone with development agreement, and preliminary plat with conditions of approval as provided within
the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on May
16, 2016, at which time public testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION: (Granicus time 15:47)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The proposed subdivision is appropriate for the area based on the requested zoning and size of the lots.
• The proposed subdivision will help maintain the rural character of the area.
• The proposed increased setback of 100 -feet located adjacent to West Floating Feather Road is
appropriate.
• The surrounding area is rural and the proposed subdivision transitions well with the adjacent properties
based on the proposed density.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOP
The Commission voted 3 to 0 to recommend approval of A-0 I - I 6/RZ-0 I - 16 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:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 The front setback for future construction of structures located on Lot 2, Block 1, Eusterman
Subdivision, shall be a minimum of I 00 -feet from West Floating Feather Road.
3.5 Owner shall be permitted to attach an accessory dwelling unit to the existing accessory garage located
in front of the residence located at 3709 West Floating Feather Road. Owner shall be required to
comply with the remaining requirements of Eagle City Code, Section 8-3-5(U) prior to issuance of -7
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13. Provide a revised final plat with a new plat note that states, "This development recognizes Idaho Code
Section 22-4503, Right to Fann, 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, facty or expansion was not a nuisance at the time it began or was
constructed. The provisions of this section shall not apply when a nuisance results from the improper
or negligent operation of an agricultural operation, agricultural facility or expansion thereof." The
revised final plat shall be provided prior to City Clerk signing the final plat.
14. Provide construction drawings for the relocation of the existing irrigation lateral and design of the
sidewalk. Approval to construct the sidewalk shall not be granted until City Engineer review and
approval of the construction drawings has occurred.
15. A pressurized irrigation waiver request is hereby granted. The applicant shall provide construction
drawings showing infrastructure to provide flood irrigation to the two (2) lots. The applicant shall
provide documentation showing the transfer of the appropriate irrigation water shares to each lot prior
to the City Clerk signing the final plat. (ECC 9-4-1-9[C][2])
16. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise deter -mined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal by the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to
protect all trees that are to be preserved, prior to the commencement of any construction on the site.
17. The deyeiepff Shfill pFevide shade elass tfees (landseape plan t13 be FeViewed and appFeved by -the
Design Review 13eaFd) aleng both sides efall stFeels within this develepmeRt. Pe -e--; -shall be plaeed at
the f0ent A—fea—eh I—As 6a tke side l8t 1-HeS, BF as apffOved by the R i h, AAAM Find lithiR 441P
feet (5') afthe edge efthe readwa�- The applicant shall submit a landscaping plan for the landscaping
to be located adiacent to West Floating Feather Road. The landscaping plan shall be reviewed and
approved by staff and two (2) Design Review Board. If the al3plicant does not agree with the avoroval
the Design -Review Board shall review and approve the ap2lication. Prior to the City Clerk signing the
final plat, the applicant shall either install the required trees, sod, and irrigation or provide the City
with a letter of credit for 150% of the cost of the installation of all landscape and irrigation
improvements within landscape strips. Trees shall be installed prior to obtaining any occupancy
permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping.
(ECC 8 -2A -7[E] and ECC 8-2A-18)
18. Any overhead utilities serving the site shall be located underground. (ECC 94-1-8)
19. The Eusterman Subdivision shall remain under the control of one Homeowners Association. (ECC 9-
3-8[DI[4])
NOTE: In the event a Standard Condition of Approval connicts with a Site Specc 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.
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No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch4 f piping, ! r. or otherwise irrigationor wasteditch
plat.(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
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written12. 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
■ A 1 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 bethe responsibilityitthe applicant.
plat.14. The applicant shall provide utility mements 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
15. An approval letter from the Star Fire Protection District shall be submitted to the City prior to the
City Engineer plat. f following i w'
minimum requirements, and any other items of concern as may be determined by the Star
Department officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
C. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be R. ■ in accordancer jurisdiction,1 shall
be verified in writing by the Eagle Fire Department prior! issuance of any building
permits.
Departmentd. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
prior R issuance of a building
Covenants,16. 1 i 1 • A or otherdeed restrictions,acceptablei 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 Attomey 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 R the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage f• t !' Arestrictions, 1 !association! or other
deedrestrictionsacceptable 4'the Eagle
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18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathway
Development Commission prior to approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
Parks and Pathways Development Commission and shall be shown on the final plat prior to
approval of the final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states- "Minimum building setba
lines shall be in accordance with the applicable zoning and subdivision regulations at the time
issuance of the building permit or as specifically approved and/or required". 1
FEZ The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplai
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
F-3. The development shall comply with the Boise River Plan (if applicable) in effect at the time
City Council consideration of the final plat. I
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless speccally approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5
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
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extensionimprovements (see resolution 98-3) prior to the City Engineer signing the final plat. The financi
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivisi
within one year following City Council approval shall cause this approval to be null and voi
unless a time 1 bythe CityCouncil.
certifications:31. Prior to submitting the final plat for recording, the following must provide endorsements
or dedicators,RegisteredLandSurveyor,County_
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, Ci
1 City Clerk. I
Place32. The City's actions on the application does not grant the applicant any appropriation of water
interference with existing water rights. The applicant indemnifies and holds the City harrmless fl
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by t
Zoning Administrator prior to the submittal of the final plat. The plans shall show how t -
streetlights will facilitate the "Dark Sky" concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines a
similar structures. Documentation indicating that "Digline" has performed an inspection of t
site shall be submitted prior to the issuance of any building permits for the site.
35. l on plat which states in general that surroundingRwith farrmn uses a1
related activities shall be protected pursuant to the Idaho Right to Farm Act.
e, 6. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other ha'
surface sign (mounted an two 4"x 4" posts with the bottom of the sign being a minimum of 3-feJ
above the ground)noticing/ ' ! /clean up daily, / loud music, and / dogs l am leash
CONCLUSIONS
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upo
annexation °' i:. / 0 /with regard to EagleCode .:: Sectioni"ActionL
y t
Commission and Council", and based upon the information provided concludes that the proposes
rezone uponannexationaccordance of Eagle Comprehensive ' is lestablishe,:.
goals and objectives because:
a. The requested zoning designation I ' R ' (Residential -Estates development
is I •1 • designation f fComprehensive Plan Land ! ,
Map since the requested zoning designation of R -E (Residential -Estates) allows for less densi
than what is typically allowable within the Residential One classification;
b. The subdivision will be served adequately by essential public facilities such as streets, police and
fire protection, schools, drainage structures, refuse disposal, water served by individual wells, and
sewer by the utilization of `ptic systems; or that the persons or - responsible for the
establishment of the proposed use shall be able to provide adequately any such services, as noted
in the documentation provided fr1 . ! agencies 1 as required of 1.'I ! f of
approval;
c. The proposed R -E -DA (Residential -Estates with a development
reement) zoning district is
compatible • (Residential -Estates) ! 1 1 to the f
developed with a residential subdivision (Cavallo Subdivision) which has the same density as the
proposed 11 l
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d. The proposed R -E -DA (Residential -Estates with a development agreement) zoning district is
compatible with the PS (Public/Semipublic) zone and land use to the south since that area contains
Eagle High School;
e. The proposed R -E -DA (Residential -Estates with a development agreement) zoning district is
compatible with the A -R -DA (Agricultural -Residential with a development agreement) zone and
land use to the east since that area contains a church;
The R -E -DA (Residential -Estates with a development agreement) zoning district is compatible
with the RUT (Rural -Urban Transition Ada County designation) zone and land use to the west
since that area contains a single-family dwelling and may f with a subdivision with a
density of up one (1) unit/acre;
U. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" a --
described within the Comprehensive Plan;
C. The Commission reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat (PP/FP-03-16) and, in terms of Eagle City Code Section 9-2-3(B) "I 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 infodofor 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.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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ATTEST: ;,41/
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--ilharon K. Bergmann, Eagle CCity Cie k
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request
regulatory taking analysis I
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