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Findings - CC - 2016 - A-01-16 / RZ-01-16 / PP/FP-03-16 - Annexation / Rezone From Rut To Reda Eusterman Subdivision 3709 W Floating Feather RdIN THE MATTER OF AN APPLICATION FOR AN ANNEXATION1' REZONE FROM RUT B, TRANSITION) TO 1; . 1 WITH A DEVELOPMENT D COMBINED PRELIMINARYIFINAL PLAT FOR EUSTERMAN SUBDIVISION FOR B. EUSTERMAN . I � The above -entitled annexation, rezone with a development agreement, and combined preliminary/final plat applications came before the Eagle City Council for their action on June 14, 20I6, at which time public testimony was taken and the public hearing was closed. The Eagle City Council having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;; FINDINGS OF FACT: A. PROJECT SUMMARY: 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 West Floating Feather Road approximately 700 -feet east of the intersection of Park Lane and West Floating Feather Road at 3709 West Floating Feather Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on-site, at 6:00 PM, on Monday, February 1, 2016, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on March 3, 2016. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on April 11, 2016. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 8, 2016. The site was posted in accordance with the Eagle City Code on April 20, 2016. Requests for agencies' reviews were transmitted on, March 7, 2016, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 30, 2016. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on May 25, 2016. The site was posted in accordance with the Eagle City Code on June 3, 2016. Page I of 22 K, Planing DeptF.agkAppliquiOnsSUR 2016Tu5temianSubccfdoc D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None. E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's justification letter, date stamped by the City on March 3, 2016 (attached to the staff report). G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential One RUT (Rural Urban Single family dwelling & Transition -Ada County pasture Designation) Proposed No Change R -E -DA (Residential -Estates Single family residential with a development development agreement) North of site Residential Two R -E (Residential -Estates) Single family residential subdivision (Cavallo Subdivision) South of site Public/Semi-Public PS (Public/Semipublic) Eagle High School East of site Residential One A --DA (Agricultural- Abundant Life Baptist Residential with a Church development agreement) West of site Residential One RUT (Rural Urban Single family dwelling & Transition -Ada County pasture Designation) H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CA, or DSDA. I. SITE DATA: Total Acreage of Site 5.61 Total Number of Lots 2 Residential — 2 Commercial — 0 Industrial — 0 Common — 0 Duplex — 0 XLWkL-(,,kT0& I Page 2 of 22 KV!mning DePAE4& Sub mfduc FADD17IONAL SITE DATA A Dwelling Units Per Gross Acre .35-units per acre 1 -unit per two acres (.40-units per acre maximum) 1.8-acres (minimum) Minimum Lot Width 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 A 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. Storm Drainage and Flood Control: The applicant should demonstrate that the storm water from individual lots is handled by a storm drainage facty or the applicant should place a note on the final plat stating all storm water from the individual lots is to be retained on the individual lots per Eagle City Code 9-4-1-10. This should be completed prior to the City Clerk signing the final plat. Utility and Drainage Easements, and Underground Utilities: Eagle City Code Section 9-3-6 requires utility easements to be not less than 12-feet wide, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development (PUD). Fire Hydrants and Water Main: The applicant is not proposing any fire hydrants. 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. Page 3 of 22 Ky'lawing NpMagk Sub ccf.dm 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-sac Design: 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 PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: None proposed. Bike Paths: None proposed. M. PUBLIC USES PROPOSED: None proposed. N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property is located within the Eagle Fire District. There is an Eagle Sewer District sewer line located within the West Floating Feather Road right -of --way located adjacent to the site. The property is located within the United Water of Idaho (Suez) certificated service area. P. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — No Evidence of Erosion — No Fish Habitat — No FIoodplain — 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 — No Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required. Page 4 of 22 K'U'Uraling Dup[Talk /appGeat s 4p71§5'4�:4i6�l tasty. Sub Lce� J,k R. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the Engineer's letters dated 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 Sawtooth Law Offices (Drainage District #2) Tesoro Logistics NW Pipeline S. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the following: Residential One Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to l unit per 1 acre. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 0 Eagle City Code, Section 8-2-1: Districts Established, Purposes and Restrictions: RESIDENTIAL -ESTATES DISTRICT: To provide opportunities for very Iow density residential land use compatible with the topography and public service capacities. Gross density shall not exceed one single-family dwelling unit per two (2) acres. • Eagle City Code, Section 8 -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: Page 5 of 22 K,U1Lv=S €3gfflugk d4geps 'aturseslfitJliS`1?89165H:usec sub LTr is b. Any road designated as a minor arterial on the transportation and pathway network plan in the Eagle comprehensive plan: four (24) shrubs. Each requi d 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. 11 mirlinvirrimilili glop thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (Y) horizontal distance to one foot (F) vertical distance. If a decorative it wall, cultured stone, decorative rock, or similarly designed concrete wall is to be 9 rov ded, in combination with the berm, a- four foot (41 wide flat area shall be Provided NO ANW.1101111 Pi 11IT114i all I R1 11 114JAN 11" 1 11 -MINI 1- HIJ-4 IN! M Minimum Lot MOM Area (Acres Or I Lot And 'Width 1* �H* -------------- Tke iiiiiinun lusize-W tke ixcI1jsi1i[-x _ff ax access+2y dwgllizg uzit is seventeen th--TmszX;T. (17,000) square feet or greater unless otherwise approved as part of a develop Dme 00 agreement or PU. Accessory dwelling units on lots of seventeen thousand (17, square feet or less shall count as a unit for the Purpose of calculating development deTSitj Accessory Dwelling Lot Size Unit Maximum Size 5,000 to 7,499 square feet' 500 square feet 7,500 to 16,999 square feet' 640 square feet 17,000 to 39,999 square feet 800 square feet 40,000 square feet or greater 1,200 square feet Page 6 of 22 KMILinniq lkpNagk Sub Ldduc Note: 1. See subsection U1 of this section. 3. 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 limitations for the principal dwelling for the underlying 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 permit. 7. An existing principal single-family dwelling shall exist on the lot or shall be constructed 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 and confuse the front entrance of the principal structure. 10. Accessory dwelling units shall comply with the off street parking requirements for apartment and multi -family dwellings under Section 84-5 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 structure. 12. The accessory dwelling unit shall not be sold separately. C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 9-2-3 (C)(3) Preliminary Plat — Required Information and Data: 1. A site report as required by the appropriate health district where individual wells or septic tanks are proposed. ® Eagle City Code, Section 9-2-3 (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 9-3-5: (C) Sufficient Area for Septic Tank: Where individual septic tanks have been authorized, sufficient area shall be provided for a replacement sewage disposal system. Page 7 of 22 K:l UMint IkpWS qk Apphu1iunyLtiUHS%111I65E:uslertnan Sub ctf.dna ® EagIe City Code, Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (I T), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than twelve feet (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 of the channel. • Eagle City Code, Section 9-4-1-5: Streetlights: All subdividers within the city limits and within the area of city impact shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the "administrator' (as defined by Section 9-1-6 of this title, or his/her representative, hereinafter referred to as "administrator"). After installation and acceptance by the administrator, the city shall have the right to pay the cost of maintenance and power and assume ownership of the streetlights. • Eagle City Code, Section 9-4-1-8: Underground Utilities: Underground utilities are required. s Eagle City Code, 9-4-1-9: Water Supply and Sewer Systems: C. Pressurized Irrigation Facilities: All residential dwelling units shall be provided with a pressurized irrigation system to be served with irrigation water unless a waiver, as outlined herein, is approved by the city council. The city has adopted supplemental standards and regulations (titled "Pressure Irrigation Standards", incorporated herein by reference and available at Eagle city hall) pertaining to the design, construction and maintenance of pressurized irrigation systems. Plans and documents reflecting the required standards and regulations shall be submitted with the application for a preliminary plat. The following design requirements and the requirements provided within the supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These standards shall supplement all other regulations, and where at variance with other laws, regulations, ordinances or resolutions, the more restrictive requirements shall apply. The council may determine that revisions to the supplemental standards are warranted and make such revisions by act of a resolution. a. The pressurized irrigation system may have a backup connection to a potable water system with the approval of the city, city engineer, and the potable water purveyor, and the installation of a state approved reduced pressure backflow prevention assembly or an air gap separating the irrigation system and the potable water system. The operation, maintenance, associated costs, and annual inspection of the backup connection and the backup system's reduced pressure backflow prevention assembly shall be the responsibility of the entities as determined in "Pressure Irrigation Standards" of this section. Individual backup connections to individual lots by Page 8 of 22 KAI'L=w$ tX-p1, �jp,k ApplieMkk ns`gti LAI.. M20I IrMEwulem= S,�,b ctf,dtrn' individual lot owners shall be prohibited with the exception of the common area lots owned and maintained by the homeowners' association. b. The pressurized irrigation system shall be designed by a licensed professional engineer registered in the state of Idaho, and the construction plans for the system shall be reviewed and approved by the city engineer. 2. The requirement for installation of a pressurized irrigation system may be waived by the city council when the applicant has established that any of the following situations exist (the sale or transfer of an existing water right shall not be grounds for requesting a waiver pursuant to this provision): a. Where a sufficient surface irrigation water right does not exist for the property. The lack of surface irrigation water right shall be documented in writing by the appropriate irrigation district or canal company and the department of water resources and shall be submitted with the subdivision preliminary plat. In this case a waiver shall only be granted for that portion of the subdivision that cannot be served. b. Where an existing surface water right cannot be delivered to the property by an irrigation district or canal company due to current delivery capacity or scheduling. In these situations the city council may still require the installation of the pressure irrigation system, provided water rights can be made available to the property and delivery system modifications can be made so irrigation water can be supplied within two (2) years. c. Where the applicant has provided for another means of delivery such as flood irrigation, if approved by the city engineer. The applicant shall present the proposed alternative delivery system to the city engineer at the time the waiver is requested, d. That due to the specific circumstances surrounding a new subdivision, the cost of obtaining water rights, reestablishing water rights or developing the system would impose an undue economic hardship on the developer. For purposes of this section, an undue economic hardship shall consist of a showing that the cost per lot to develop the pressurized irrigation system would be twenty five percent (25%) higher than the cost per lot for providing a pressurized irrigation system to subdivisions of similar size and density constructed in the city within the previous two (2) years; or the cost per lot of the pressurized irrigation system would exceed five percent (5%) of the expected per lot market value of the subdivision. The developer shall bear the burden of providing documentation, acceptable to the city engineer and city council, demonstrating and supporting the estimated costs of construction of the pressurized irrigation system, and the cost per lot for irrigation systems in those subdivisions built in the last two (2) years as noted above, and the expected market value of the subdivision lots. For phased developments, costs will be analyzed over all phases of the development rather than the first phase only. 3. Should installation of a pressurized irrigation system be waived by the city engineer, as outlined herein, compliance to Idaho Code 31-3805 is still required. 4. Requests for waivers shall be submitted to the city with the preliminary plat application and shall be accompanied by an irrigation report, prepared by a licensed Idaho registered professional engineer, stating the location and availability of surface irrigation water and documenting the basis for the waiver request. If applicable, the irrigation report shall be accompanied by a letter from the irrigation district or canal company stating that water rights and/or a delivery system are not available to the property. (Ord. 566, 5-15-2007) Page 9 of 22 KAPLmning lkpttiagk Appl6aik)adkSIJIIHSQ.44 Ai7uswnnan NO Lv Jdw • Eagle City Code, Section 9-4-1-10: Storm Drainage; Flood Controls: A. Adequate Storm Drainage System: An adequate storm drainage system to accommodate storm water runoff from the public rights of way shall be required in all subdivisions. The 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 Department. H. Storm Drainage Retention Facilities: On site retention or partial on site retention of storm drainage 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 previously discharged from the land or property being developed. Complete retention is required in all cases except those where: l) 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 at any time. Retention or partial retention facilities shall be provided as an essential part of such development. Design and construction of such retention facilities shall conform to standards, 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. • Eagle City Code, Section 9-4-1-11: Fire Hydrants and Water Mains: Adequate fire protection shall be required in accordance with the appropriate fire district standards. D. DISCUSSION: • 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 will not exceed .40 -units per acre. + Staff has reviewed the particular facts and circumstances of this proposed combined preliminary and final plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria to combine a preliminary and final plat), has made the following conclusions: 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 Page; 10 of 22 KAlIbnning 1&pffliagk: AppkadnrL%%SU11h%1 I fiWusiumtanSubccrdue 5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of the Zoning Title of the City. The subject property is a lot located within Ray's Acres Subdivision (Lot 4, Block 1). The subdivision plat for Rays Acres Subdivision (Ada County instrument #851145) delineates front and side utility easements to be 10 -feet in width. The Ray's Acres Subdivision plat also delineates a 30 -foot wide easement located adjacent to the rear property line (southern). The final plat, date stamped by the City on March 3, 2015, identifies an eight foot (8') wide landscape easement located adjacent to West Floating Feather Road. The final plat also delineates 10 -foot wide utility easements (originally dedicated with Ray's Acres Subdivision) located adjacent to the east and west property lines. The width of the utility easements on the subject property, in conjunction with the easement width located on the adjacent lots, is 20 -feet in width. The final plat also delineates an easement located between Lot 1 and Lot 2, Block 1, to be a total of 19 -feet in width. The final plat, date stamped by the City on March 3, 2016, also delineates the same easement and plat note #1 states, "An eight (8) foot wide permanent public utilities and landscape easement is hereby designated along all lot lines common to a public right-of-way as shown on this plat. A ten (10) foot wide public utilities is hereby designated along each side of interior lot lines as shown on this plat." Plat note #2 of the final plat states, "A portion of Lot 1, Block I, shall be subject to a common driveway easement in favor of Lot 2, Block 1, as shown on this plat. Said portion of Lot 1, Block 1, shall be subject to a blanket utility easement." The final plat also delineates this area on the map portion (with hash marks) of the plat. Pursuant to Eagle City Code Section 9-3-6, unobstructed utility easements shall be provided along front, rear, and side lot lines. The utility easement is required to be a minimum 12 -feet in width. Also, unobstructed drainage 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 should be a minimum of 12 - feet in width. Further, the final plat does not identify any irrigation easements located within the subdivision. The applicant should provide a revised final plat delineating a 12 -foot wide public utility easement located adjacent to the West Floating Feather Road right-of-way. The revised final plat should be provided prior to the City Clerk signing the final plat. The applicant should provide a revised final plat with a new plat note which states, "The public utility, drainage, and irrigation easements shall be as shown on the final plat." The revised final plat should be provided prior to the City Clerk signing the final plat. The preliminary plat, date stamped by the City on March 3, 2016, shows an existing irrigation ditch located adjacent to West FIoating Feather Road will be relocated approximately 25 -feet south of the existing location to a location approximately 20 -feet into Lot 2, Block 1. The applicant should be required to provide a revised final plat that shows the re -located irrigation ditch located in proximity to the north property line of Lot 2, Block 1, to be located within an irrigation easement. The revised final plat should be provided prior to the City Clerk signing the final plat. The preliminary plat, date stamped by the City on March 3, 2016, does not identify any storm water facilities nor does it note anything on the plat in regard to retention of storm water. Pursuant to Eagle City Code Section 9-4-1-10, the applicant should demonstrate that storm water from individual lots is handled by storm drainage facility or should 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. • The applicant is not proposing to construct the required landscape buffer area/common lot located adjacent to West FIoating Feather Road. The subject property is bordered on the north by West Floating Feather Road. The 2035 Planning Functional Classification Map shows West Floating Feather Road as a minor arterial. Pursuant to Eagle City Code, Section 8-2Am7(J)(4)(b), the applicant is required to construct a 50 -foot wide buffer area to be located within a common lot Page l I of 22 KAILanning Ikpl agk AppiKatKmt1SU11SL016U'ustcnnan Sub odd w° located between the residential lots within the subdivision and the right-of-way line of the adjacent roadway. The required buffer area is to contain a minimum Five to eight foot (5' to 8') high berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof. The required berm is to contain the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. The applicant's narrative, date stamped by the City on March 3, 2016, indicates they are requesting to provide an alternative to the requirements of Eagle City Code Section 8-2A-7(J)(4)(b), since they are only proposing two (2) residential lots with homes to be located farther back from the roadway. The preliminary plat, date stamped by the City on March 3, 2016, delineates a proposed front building setback line (located within Lot 2, Block 1) of 100 -feet in width from West Floating Feather Road. The narrative further indicates that due to the proposed zoning no common open space is required pursuant to Eagle City Code due to the low density and there will be no homeowners association. The site contains an irrigation ditch, located adjacent to West Floating Feather Road, which provides irrigation water for the site. The applicant is proposing to continue to flood irrigate the property, therefore the required berm located adjacent to West Floating Feather Road will impede the flow of irrigation water for the site. The applicant has indicated that the requirement of a buffer berm is highly impractical due to the site containing only two (2) rural lots on over five (5) acres and due to the desire of the applicant to continue flood irrigation from the ditch located adjacent to West Floating Feather Road. The applicant has also indicated that the cost of full compliance with providing the required buffer berm will be near $100,000. Staff will defer to the Commission and the Council in regard to required buffer area/common lot to be located adjacent to West Floating Feather Road. Should the required buffer area/common lot (located adjacent to West Floating Feather Road) be waived, the front setback (measured from West Floating Feather Road) should be 100 -feet in width. The applicant should provide a revised final plat with a new plat note that states, "The front setback measured from the property line located adjacent to West FIoating Feather Road should be 100 -feet in width." The revised final plat should be provided prior to the City Clerk signing the final plat. + The preliminary plat, date stamped by the City on March 3, 2016, shows an existing garage located approximately 140 -feet in front of the existing house located on Lot 1, Block 1. The applicant is proposing a development agreement to allow for the construction of an accessory dwelling unit which will be attached to the existing garage. Pursuant to Eagle City Code Section 8-3-5(U)(3), accessory dwelling units shall not be located in front of the front plane of the principal structure (existing house) unless otherwise permitted as part of a development agreement or PUD approval. The applicant is requesting a development agreement to allow for an accessory dwelling unit to be attached to the existing garage. The previous owner of the property was approved for a temporary living quarters (TLQ) on the site and, prior to the applicant owning the property, there was a double -wide manufactured home that was attached to the existing garage. Prior to the sale of the property (to the applicant), the manufactured home was removed. Due to the size of the proposed lot, the distance from West Floating Feather Road, and the Iocation of the existing garage, the applicant should be permitted to attach an accessory dwelling unit to the existing garage. In regard to an accessory dwelling unit (ADU) the applicant should be permitted to attach an accessory dwelling unit to the existing accessory garage located in front of the existing residence located at 3709 West Floating Feather Road. The applicant should be required to comply with the remaining requirements of Eagle City Code Section 8-3-5(U), prior to issuance of a Certificate of Occupancy. The preliminary plat, date stamped by the City on March 3, 2016, identifies a 30 -foot wide ditch easement (per plat of Ray's Acres Subdivision) located adjacent to the southern boundary of the subdivision and the drainage ditch. Sawtooth Law Offices provided correspondence on behalf of Page 12 of 22 KAI'Lmning Ihptll agk Sufi,"f J4)c Drainage District #2, date stamped by the City on March 14, 2016, which indicates that Drainage District #2 has a drainage ditch and easement through or abutting the subject property. The District's easement is I00 -feet, 50 -feet from each side of the centerline of the ditch. The applicant should provide a revised final plat showing the ditch easement located adjacent to the southern boundary of the subdivision to be a minimum of 50 -feet from the centerline of the Drainage District #2 drainage ditch. The revised final plat should be provided prior to the City Clerk signing the final plat. The Central District Health Department (CDHD) provided correspondence date stamped by the City on April 7, 2016, indicating that an application, test holes, and full engineering report will be required. The correspondence also indicated that the applicant will be required to monitor groundwater through the high water season (April -October). The applicant has subsequently contacted CDHD and indicated they may construct central sewer lines to serve the site. The applicant should either provide a copy of the Central District Health Department (CDHD) application and engineering report or correspondence from CDHD indicating the subdivision has been reviewed and approved by CDHD prior to the City Clerk signing the final plat. The properties located adjacent to the site are currently utilized for agricultural operations. The preliminary plat and final plat, date stamped by the City on March 3, 2016, do not contain a plat note referencing Idaho Code Section 22-4503, in regard to Right to Farm. The applicant should be required to provide a revised final plat with a new plat note that indicates, "This development recognizes Idaho Code Section 22-4503, Right to Farm, which states: "No agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after it has been in operation for more than one (1) year, when the operation, facility or expansion was not a nuisance at the time it began or was constructed. The provisions of this section shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof." The revised final plat should be provided prior to the City Clerk signing the final plat. The applicant is proposing to relocate the existing irrigation lateral and construct a five-foot (5') wide sidewalk located adjacent to West Floating Feather Road. The preliminary plat, date stamped by the City on March 3, 2016, identifies the location of the relocated irrigation lateral and the proposed sidewalk, however, the applicant has not provided construction drawings for the aforementioned items. The applicant should be required to provide construction drawings for the relocation of the existing irrigation lateral and design of the sidewalk. Approval to construct the sidewalk should not be granted until the City Engineer review and approval of the construction drawings has occurred. The applicant submitted a pressurized irrigation waiver request, date stamped by the City on March 16, 2016, which indicates that the site has been historically flood irrigated and farmed for 30 -years. There is an existing concrete ditch that runs along the frontage of the property adjacent to West FIoating Feather Road. Due to ACHD requiring additional right-of-way for West Floating Feather Road the existing concrete ditch will be relocated. Irrigation water is currently provided on a rotation basis and installation of a pressure irrigation system on a rotation schedule is problematic and would require some type of reservoir. The waiver request further states that if flood irrigation was allowed, the property would have no change in how it is currently being irrigated to date. Staff recommends that the pressurized irrigation waiver request be granted. The applicant should provide construction drawings showing infrastructure to provide flood irrigation to the two (2) lots. The applicant should also provide documentation showing the transfer of the appropriate irrigation water shares to each lot prior to the City Clerk signing the final plat. Page 13 of 22 X!%1a8uMktg Ih-grWagk Sub ccrd`x 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 PIanning 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 DEVELOPMENT AGREEMENT: The Commission voted 3 to 0 to recommend approval of A-01-16/RZ-01-16 for an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to R -E -DA (Residential -Estates with a development agreement) with conditions of development to be placed within a development agreement as provided within their findings of fact and conclusions of law, dated June 6, 2016. COMMISSION DECISION REGARDING THE COMBINED PRELIMINARY/FINAL PLAT: The Commission voted 3 to 0 (Koellisch and Wright absent) to recommend approval of the combined preliminary plat/final plat for Eusterman Subdivision for Matthew B. Eusterman with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law, dated June 6, 2016. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on June 14, 2016, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in opposition to the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to the City Council by no one (other than the applicant/representative). COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Council voted 4 to 0 to approve A-01-16/RZ-01-16 for an annexation and rezone from RUT (Rural - Urban Transition — Ada County designation) to R -E -DA (Residential -Estates with a development agreement) for Matthew B. Eusterman with the following Planning and Zoning Commission recommended Page 14 of 22 KARmuiogMVI agkApplicata)m).SURS"LI11h1LustomianSOCL[dtw conditions of development to be placed within a development agreement 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Applicant will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement: 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.3 The maximum density for the Property shall be one (1) unit per two (2) acres. 3.4 The front setback for future construction of structures located on Lot 2, Block 1, Eusterman Subdivision, shall be a minimum of I00 -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 a Certificate of Occupancy. COUNCIL DECISION REGARDING THE COMBINED PRELIMINARY/ FINAL PLAT: The Council voted 4 to 0 to approve PP/FP-03-16 for a combined preliminary plat/final plat for Eusterman Subdivision for Matthew B. Eusterman with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-01-16. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City CIerk signing the final plat. (ECC 9-2-3 [C] [3] [1]) 4. Provide a revised preliminary plat with a new plat note stating, "Development of this property shall be in conformance with Eagle City Code and consistent with the conditions of development within the development agreement associated with RZ-01-16." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 8-2-1) 5. Provide a revised preliminary plat indicating that other than the approved access located within Lot 1, Block 1, direct lot access to West Floating Feather Road is prohibited unless approved by the Ada County Highway District and the City of Eagle. The revised preliminary plat shall be provided prior to submittal of a final plat application. 6. Provide a revised final plat delineating a 12 -foot wide public utility easement located adjacent to the West Floating Feather Road right-of-way. The revised final plat shall be provided prior to the City Clerk signing the final plat. (ECC 9-3-6) 7. Provide a revised final plat that shows the re -located irrigation ditch located in proximity to the north property line of Lot 2, Block 1, to be located within an irrigation easement. The revised final plat shall be provided prior to the City Clerk signing the final plat. (ECC 9-3-6) Page 15 of 22 KAPLandnS 1kp51L & App aikDm SU11%U01 \Fuaac an Sub Lcl*Law 8. Provide a revised final plat with a new plat note that states, "The public utility, drainage, and irrigation easements shall be as shown on the final plat." The revised final plat shall be provided prior to the City Clerk signing the final plat. 9. 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-I0) 10. Should the The required buffer area/common lot (located adjacent to West Floating Feather Road) shall be waived, the front setback (measured from West Floating Feather Road) shall be 100 -feet in width. The applicant should provide a revised final plat with a new plat note that states, "The front setback measured from the property line located adjacent to West Floating Feather Road shall be 100 - feet in width." The revised final plat shall be provided prior to the City Clerk signing the final plat. 11. Provide a revised final plat showing the ditch easement located adjacent to the southern boundary of the subdivision to be a minimum of 50 -feet from the centerline of the Drainage District #2 drainage ditch. The revised final plat shall be provided prior to the City Clerk signing the final plat. 12. Provide a copy of the Central District Health Department (CDHD) application and engineering report or correspondence from CDHD indicating the subdivision has been reviewed and approved by CDHD prior to the City Clerk signing the final plat. I3. Provide a revised final plat with a new plat note that states, "This development recognizes Idaho Code Section 22-4503, Right to Farm, which states: "No agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after it has been in operation for more than one (1) year, when the operation, facility or expansion was not a nuisance at the time it began or was constructed. The provisions of this section shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof." The revised 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 determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 17. The applicant shall submit a landscaping plan for the landscaping to be located adjacent to West FIoating Feather Road. The landscaping plan shall be reviewed and approved by staff and two (2) Design Review Board. If the applicant does not agree with the approval the Design Review Board shall review and approve the application. 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) Page 16 of 22 KAPhnniq MpAU& Applica�irns` tiL 11Yt„�u"i1 ��SN':u , urrtun SO CrEdue 18. Any overhead utilities serving the site shall be Iocated underground. (ECC 9-4-1-8) 19. The Eusterman Subdivision shall remain under the control of one Homeowners Association. (ECC 9.. 3-8[D][4]) NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: I. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Department of Environmental Quality approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 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 Ietter 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 Page 17 of 22 KVIarkning Mpt\E:agl Apnlit atunatzLti Xli\t'?9VII�t� wsrr,emtuyya Sub c dirk^ City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be Iocated within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 13. Street Iight 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. 14. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 15. An approval letter from the Star Fire Protection District shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Star Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. 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. Page 18 of 22 K*.0 knZNpatty,gk SubcrfCdswL d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 16. Covenants, homeowners 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 Iights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City 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 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". 22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 24. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 25. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 26. Basements in homes in the flood plain are prohibited. 27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. Page 19 of 22 KOLnning Ihpffli & AppkatioF SUIVA120I6%uslcmun Sub ccfdac 28. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 29. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of I50% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. M. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 33. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 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) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-01-16/RZ-0I-16) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R -E -DA (Residential -Estates with a development agreement) is consistent with the Residential One designation as shown on the Comprehensive Plan Land Use Page 20 of 22 K:ll' IAWAg MplTagk Appal:aturontiL54.iHti�?4bI�a11:Gu r. mean Sdh utEdm Map since the requested zoning designation of R -E (Residential -Estates) allows for less density 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 septic systems; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; c. The proposed R -E -DA (Residential -Estates with a development agreement) zoning district is compatible with the R -E (Residential -Estates) zone and land use to the north since that area is developed with a residential subdivision (Cavallo Subdivision) which has the same density as the proposed subdivision; 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; f. 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 be developed with a subdivision with a density of up one (1) unittacre; g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; h. No non -conforming uses will be created with this rezone. 2. The Council 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 9u2 -3(B) "1 thru 5" (minimum criteria to combine a preliminary and final plat), has made the following conclusions: The proposed combined preliminary and final plat: 1. Does not exceed ten (10) lots; 2. No new street dedication or street widening is involved; 3. No major special development considerations are involved such as development in a floodplain, hillside development or the like. 4. All required information for both preliminary and final plat is complete and in an acceptable form; and 5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of the Zoning Title of the City. Page 21 of 22 K'U'Luming MpL$ ask' Sub e.cLdoc FOOIUM"l Stan idgeway Ma or ATTEST: Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request regulatory taking analysis I Page 22 or 22 . . . . . . . . . . . . . ......