Findings - CC - 2022 - PP-02-21/FP-02-21/CU-08-21 - Shepherding Acres Subdivision Combined Preliminary And Final Plat And Conditional Use BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A COMBINED PRELIMINARY AND )
FINAL PLAT AND FOR A CONDITIONAL USE )
FOR SHEPHERDING ACRES SUBDIVISION )
FOR BRAIDEN SHAW )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-02-2 1/FP-02-2 1/CU-08-2 1
The above-entitled combined preliminary and final plat and conditional use permit applications came
before the Eagle City Council for their action on February 8, 2022, 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:
Braiden Shaw, represented by Aaron Rush with LR-GEO, is requesting a combined preliminary
and final plat approval for Shepherding Acres Subdivision, a 4-lot residential subdivision, as well
as a Conditional Use Permit to waive the code section requiring paved sidewalk along West
Washam Road and to address the existing nonconforming structure on the property. The 7.2-acre
site is located on the south side of West Washam Road at 1791 and 1835 West Washam Road.
B. APPLICATION SUBMITTAL:
An initial Neighborhood Meeting was held on site at 1835 West Washam Road, on Thursday
April 1,2021, at 6:00 PM, in compliance with the application submittal requirement of Eagle City
Code. The application for the combined preliminary and final plat was received by the City of
Eagle on June 22, 2021,with revised preliminary and fmal plats submitted on August 25,2021. A
second neighborhood meeting was held on site at 1835 West Washam Road on Thursday
September 2,2021,at 6:00 PM, and an application for the conditional use permit was received by
the City of Eagle on October 13, 2021. Revised preliminary and fmal plats were again submitted
on November 9,2021.
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 December 17, 2021. Notice of this public hearing was mailed to property owners
within five-hundred feet(500-feet)of the subject property in accordance with the requirements of
Title 67, Chapter 65,Idaho Code and Eagle City Code December 17, 2021. The site was posted in
accordance with the Eagle City Code December 22, 2021. Requests for agencies' reviews were
transmitted on June 23,2021, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on this application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65,Idaho Code and the Eagle City Code on
January 21, 2022.Notice of this public hearing was mailed to property owners in accordance with
the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 21, 2022.
The site was posted in accordance with the Eagle City Code on January 24,2022.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S
CANT S STATEMENT OF JUSTIFICATION FOR THE REZONE AND
DEVELOPMENT AGREEMENT:
See applicant's narratives, date stamped by the City on June 22, and October 13, 2021 (attached
to the staff report).
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ' ZONING LAND USE
DESIGNATION DESIGNATION
Existing Large Lot R-E(Residential Estates) Two single-family residences
Proposed Large Lot(no change) R-E(Residential Estates) Four single-family residences
Single family residences
North of site Large Lot R-E(Residential Estates) (Academy Place Subdivision)
S
f
South of site Large Lot R-E(Residential Estates) (Windergle Estatesmily residences
g Subdivision)
Single family residences
East of site Large Lot R-E(Residential Estates) (Academy Place Subdivision)
Single family residences
West of site Large Lot R-E(Residential Estates) (Academy Place Subdivision)
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA,or DSDA.
SITE DATA:
Total Acreage of Site—313,895 sq. ft. (7.206 acres)
Total Number of Lots-4
Commercial-0
Industrial-0
Common-0
Total Number of Units—4
Total Acreage of Any Out-Parcels—N/A
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.55 units per acre 0.55 units per acre
Minimum Lot Size 1.8 acres 1.8 acres
Minimum Lot Width 101 feet 100 feet
Minimum Street Frontage 82.26 feet 35 feet
Total Acreage of Common Area 0 0
(measured as total landscaping of
the entire site)
Percent of Site as Common Area 0 0
(measured as total landscaping of
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ADDITIONAL SITE DATA PROPOSED REQUIRED
the entire site)
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:None provided
Open Space:
(Residential-Estates) zoningdistrict; a
This subdivision isproposed to be located within the R-E (Res de )
minimum amount of open space is not required,and none is proposed.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so
graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement.
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. The
plat identifies a 12-foot wide public utilities and drainage easement along West Washam Road.
Prior to the Clerk Signing the final plat, the plat shall be revised to show the public utilities and
drainage easements over the exterior and interior parcel boundaries as described in plat note 5.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District and
Appendix C of the 2015 International Fire Code. A water main is located approximately 638 feet
west of the East boundary of this development at Ballantyne and Tahoe Ridge. Fire hydrant
location and fire flows shall be approved and witnessed by the Eagle Fire Department prior to any
building permit being issues.
On-site Septic System: There are two existing septic systems for Lots 3 and 4. Lots 1 and 2 will
also install new private septic systems.
Pressurized Irrigation:
The development will contain a pressurized irrigation system to service Lots 1 and 2 while Lots 3
and 4 will continue to use flood irrigation. All lots are supplied with water from the Farmers
Union Ditch Company.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
The existing residence on Lot 3 has been submitted to the Eagle Historic Society for review and
is pending approval.
K. EXISTING STRUCTURES:
Two existing single-family residences are located on Lots 3 and 4, which are intended to remain.
There is also an existing barn that crosses between Lots 1 and 3, which will be required to be
removed prior to signature of the final plat.
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The existing structure on Lot 3 is currently non-conforming and encroaches into the 50 foot front
setback and as such the property is considered a nonconforming use. As part of the Conditional
Use Permit, the applicant is seeking to receive conditional approval for the structure to remain
and for the property to be subdivided. Any new development on any of the subject parcels shall
conform to all Eagle Code requirements at the time of development
L. STREET DESIGN:
Private or Public Streets: Private driveway
No new streets, street widening, or dedication of right-of-way to the Ada County Highway
District is proposed with this application. The proposed subdivision will be accessed from West
Washam Road via two (2) existing private driveways to Lots 3 and 4, and a new shared driveway
for Lots 1 and 2.
Applicant's Justification for Private Streets(if proposed):None proposed.
Blocks Less Than 500':N/A
Cul-de-sac Design:N/A
Sidewalks:None proposed
Curbs and Gutters:None proposed.
Lighting:None proposed.
Street Names:No new streets are proposed with this application.
M. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:None proposed.
Bike Paths:None proposed.
N. PUBLIC USES PROPOSED:None proposed.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will utilize well and septic. The property will receive fire protection from the Eagle
Fire Department and police protection from the Eagle Police Department.
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes,many trees around the existing homes
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
Historical Sites—No
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required.
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S. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Comments,which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated November 22, 2021, are of
special concern(attached to staff report).
City Trails and Pathways Superintendent: An email was received on June 23, 2021, stating there
were no pathway issues.
Ada County Highway District
Ballantyne Ditch Company
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer
Idaho Department of Transportation
Marathon Pipe
T. LETTERS FROM THE PUBLIC: One letter of support was received(attached to staff report).
U. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular-facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing
that such use at the proposed location:
A. Will, in-fact, constitute a conditional use as established in Section 8-2-3 of this title
(Eagle City Code Title 8) for the zoning district involved, or section 8-7-3-1 (C) of this
chapter,or as may otherwise be established by this title;
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title(Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, equipment P materials, ui ment and conditions of
operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes,glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares;and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic-feature of
major importance.
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THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The Comprehensive Plan Land Use Map designates this site as Large Lot:
Suitable for single family residential adjacent to Estate Residential uses. Densities range from
one (1) unit per acre to one (1) unit per two (2) acres. Infrastructure such as sewer and water
are required for densities high than one (1) unit per two (2) acres. Open space and parks in
this area will be generally limited. Land uses in this category will tend to appear as suburban
large lot and generally less agrarian than the Estate Residential and Agricultura/Rural
designations.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• 8-2-1: DISTRICTS ESTABLISHED,PURPOSES AND RESTRICTIONS:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre.
Multi-family and two-family units/developments are prohibited in R-1, R-2,R-3,R-4 and R-5
zoning districts, unless approved as part of a planned unit development (PUD). Centralized
water and sewer facilities are required for all subdivision and lot split applications submitted
after the effective date hereof in all districts exceeding one dwelling unit per two(2)acres(R-
E). Whenever there is a conflict or difference between the provisions of this section and those
of other chapters and/or other titles, the chapter or title with the more restrictive provision
shall prevail. When a property is being proposed for rezone to the R zoning district, a
development agreement may be utilized in lieu of the PUD and/or conditional use process if
approved by the city council, provided the development agreement includes conditions of
development that are required during the PUD and conditional use process.
• 8-2-4: SCHEDULE OF BUILDING HEIGHT AND AREA REGULATIONS:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Covered Lot Area Lot
G And H* Width I*
R-E 35' 50' 30' 20' 35' 20% 1.8 acres 100'
I. Lot width shall be determined as follows: The distance between side lot lines measured at
a point midway between the front and rear lot lines. Minimum lot frontage, the portion of a
lot front adjacent to a public or private street, for all residential zoning districts shall be 35
feet.
• 8-5-2: AUTHORITY TO CONTINUE NONCONFORMING USE:
If a lawful use involving individual structures, or of a structure and land in combination,
exists at the effective date hereof that would not be allowed in the district under the terms of
this title, the lawful use may be continued so long as it remains otherwise lawful, subject to
the following provisions:
A. Additions Or Alterations: Unless permitted in accordance with section 8-5-2C of this
title, no existing structure devoted to a use not permitted by this title in the district in
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which it is located shall be enlarged, extended, constructed, reconstructed, moved or
structurally altered except in changing the use of the structure to a use permitted in the
district in which it is located. Notwithstanding the foregoing, when a residential dwelling
is destroyed due to catastrophic fire or other natural disaster it may be rebuilt, subject to
reasonable regulation by the city, upon the structure's original footprint. A permit for
reconstruction shall be obtained within six(6)months of the fire or natural disaster event.
B. Expansion:No nonconforming use shall be extended to occupy any additional land area.
C. Change Of Nonconforming Use: Any nonconforming use of a structure and land may,
upon the issuance of a conditional use permit by the council, be changed to another
nonconforming use; provided, that the council shall find that the proposed use is equally
appropriate or more appropriate to the district than the existing nonconforming use. In
permitting such change,the council may require appropriate conditions and safeguards in
accord with other provisions of this title. Upon the change of a nonconforming use to
another nonconforming use through the issuance of a conditional use permit, the terms
and provisions of the conditional use permit shall prevail and the previous
nonconforming use rights shall no longer exist. If any term or condition of the conditional
use permit is violated, the conditional use permit may be revoked, at which time the use
will be considered an illegal use. Thereafter, the use and zoning shall conform to those
permitted or conditional uses allowed under the zoning code in effect at that time.
D. Change To Conforming Use: Any structure, or structure and land in combination, in or on
which a nonconforming use is superseded by a permitted use shall thereafter conform to
the regulations for the district, and the nonconforming use may not thereafter be resumed.
E. Discontinuance Of Nonconforming Use: When a nonconforming use of a structure, or
structure and land in combination, is discontinued or abandoned for more than one year
(except when government action impedes access to the premises), the structure, or
structure and land in combination, shall not thereafter be used except in conformity with
the regulations of the district in which it is located.
F. Elimination Of Nonconforming Structure: Where nonconforming use status applies to a
structure and land in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land, except as otherwise may be permitted in this
section.
• 8-7-3-1: PURPOSE AND INTERPRETATION OF CONDITIONAL USE:
C. Exceptions or waivers of standards within Title 8 or Title 9, other than use, inclusive of
the subject matter addressed by Section 8-7-4-2 or Section 9-6-3 "Variances" may be
permitted through issuance of a conditional use permit.
• 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular-facts and circumstances of each
proposed Conditional Use in terms of the following standards and shall fmd adequate
evidence showing that such use at the proposed location:
A. Will, in-fact, constitute a conditional use as established in Section 8-2-3 of this title
(Eagle City Code Title 8) for the zoning district involved, or section 8-7-3-1 (C) of this
chapter, or as may otherwise be established by this title;
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title(Eagle City Code Title 8);
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C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic,noise,smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares;and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic-feature of
major importance.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• 9-3-1: MINIMUM STANDARDS REQUIRED:
All plats submitted pursuant to the provisions of this title, and all subdivisions, improvements
and facilities done, constructed or made in accordance with said provisions shall comply with
the minimum design standards set forth in this chapter; provided, however, that any higher
standards adopted by any highway district, the Idaho transportation department or health
agency shall prevail over those set forth herein.
• 9-2-3(B): 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 fmal 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.
• 9-4-1-5: STREETLIGHTS:
Unless determined otherwise by the city council as part of the design of the subdivision, all
subdividers within the city limits shall be required to install, at the subdividers' expense,
streetlights in accordance with city specifications and standards at locations designated by the
administrator. After inspection and confirmation of installation and operation by the
administrator, the subdivider (and subsequent homeowners' association) shall assume
ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity.
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• 9-4-1-6(F) SIDEWALK DESIGN:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the
street; except, that where the average width of lots, as measured at the street frontage
line or at the building setback line, is over one hundred feet(100'), sidewalks on only
one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County Highway District.
3. Sidewalks shall be separated from the edge of the abutting roadway and/ or back of
curb by a minimum five-foot (5') wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with 3-inch minimum caliper
shade-class trees along all streets within the subdivision. Installation of landscaping
shall be in accordance with Section 8-2A-7 of this Code.
4. Trees shall be placed at the front of each lot generally located on each side lot line.
Minor variations to the location of a tree may be considered by the design review
board during the review of the subdivision landscape plan.
5. If sidewalk is required on one side of each street only (as provided for in subsection
F1 of this section), then the trees on the side of the street with no sidewalk shall be
placed within five feet(5')of the edge of roadway.
6. In zoning districts which prohibit densities greater than one dwelling unit per two (2)
acres and at the council's discretion, a four foot (4') wide striped path (with
pedestrian designation markings such as diamonds or pedestrian/bicycle symbols)on
both edges of all internal roadways may be permitted in lieu of constructing
sidewalks. Trees shall be placed within five feet(5') of the edge of roadway. (Ord.
420, 5-21-2002)
D. DISCUSSION:
• The applicant is requesting a combined preliminary and final plat approval for Shepherding
Acres Subdivision, a 7.2-acre four(4) lot residential subdivision,as well as a Conditional Use
Permit to waive the code section requiring paved sidewalk along West Washam Road. The
subdivision design complies with the technical requirements (or will pursuant to the
conditions outlined herein)of Eagle City Code.
• Staff has reviewed the particular facts and circumstances of this proposed combined preliminary
and fmal 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 fmal plat:
1. Does not exceed ten(10)lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain,hillside development or the like.
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
• The existing structure on Lot 3 is currently non-conforming and encroaches into the 50 foot
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front setback and as such the property is considered a nonconforming use. As part of the
Conditional Use Permit, the applicant is seeking to receive conditional approval for the
structure to remain and for the property to be subdivided. Any new development on any of
the subject parcels shall conform to all Eagle Code requirements at the time of development.
• Per Eagle City Code Section 8-2-4 the minimum lot width in the R-E zone is 100 feet and lot
width is measured at the midway point. Although Lot 3 technically meets those standards,the
Lot is unusually shaped. The existing nonconforming structure on that lot is set in almost
entirely in the 50 foot front setback, and future redevelopment of that parcel could pose
challenging when all current codes for setbacks and easements are taken into account.
• The Eagle Comprehensive Plan Land Use Map designates the property as Large Lot with a
density range of one(1)unit per acre to one(1)unit per two acres. The proposed Shepherding
Acres Subdivision includes four(4)residential lots with an overall density of one unit per 1.8
gross acres.
• The applicant is requesting a waiver of Eagle City Code Section 9-4-1-6(F). The applicant is
not proposing any sidewalk along West Washam Road. However, Eagle City Code Section 8-
7-3-1(C) allows exceptions or waivers of standards within Title 8 or Title 9, other than use,
through issuance of a conditional use permit(Eagle City Code Section 8-2-1). Therefore, it is
up to the Council's discretion whether the proposed street section is appropriate for this
development.
• The applicant is not proposing any streetlights. Per Eagle City Code Section 9-4-1-5, unless
determined otherwise by the city council as part of the design of the subdivision, all
subdividers within the city limits shall be required to install, at the subdividers' expense,
streetlights in accordance with city specifications and standards at locations designated by the
administrator. After inspection and confirmation of installation and operation by the
administrator, the subdivider (and subsequent homeowners' association) shall assume
ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity.
• To allow for the future installation of municipal fiber-optic cable, the applicant should be
required to install two (2) one inch and a quarter (1 '/") fiber-optic conduit lines along both
sides of all public streets. Upon completion of the installation of the municipal fiber-optic
conduit lines, the applicant should provide GIS coordinates of the locations of the municipal
fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS
coordinates provided, and the fiber-optic conduit lines should be dedicated to the City prior to
the City Clerk signing the fmal plat.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on January
3, 2022, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information received
and the testimony provided.
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COMMISSION DECISION:
The Commission voted 3 to 0 (Gerber and Smith absent) to recommend approval of the combined
preliminary and fmal plat for Shepherding Acres Subdivision PP-02-21/FP-02-21 and conditional use
permit CU-08-21 for a sidewalk waiver and to permit the continuation of a nonconforming structure with
site specific conditions of approval and standard conditions of approval provided within their findings of
fact and conclusions of law document dated January 18,2022.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on February 8, 2022, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the application was presented to the City Council by no one.
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve the combined preliminary and final plat for Shepherding Acres
Subdivision PP-02-21/FP-02-21 and conditional use permit CU-08-21 for a sidewalk waiver and to permit
the continuation of a nonconforming structure with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with underlined
text to be added by the Council and strikethrough text to be removed by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an
invoice by the City,whichever occurs first.
3. Final Plat Note #6 shall be revised to include the instrument number for the recorded CC&Rs,
prior to the CityClerk signing the fmal plat.
g g
4. Final Plat Note#2 shall be revised to state "Irrigation water has been provided by Fanners Union
Ditch Company in compliance with Idaho Code Section 31-3805(1)(b). Lots with in the
subdivision will be entitled to irrigation water rights and/or shares and individual lots will remain
subject to assessments from the applicable irrigation entities,to be paid through fees assess by the
homeowner's association. The pressurized irrigation system shall be owned and maintained by
the Shepherding Acres Subdivision Homeowner's Association, or it assigns." The revised plat
shall be submitted to the City prior to the City Clerk signing the final plat.
5. Plat Note #3 shall be revised to state "Lot 2 is conveyed the perpetual right of ingress and egress
over the thirty (30) foot wide shared driveway easement identified on Lot 1, such perpetual
easement shall run with the land, and that the restrictive covenant for maintenance of the
driveway and any cut/fill slopes cannot be modified and the homeowner's association cannot be
dissolved without the express consent of the City."The revised plat shall be submitted to the City
prior to the City Clerk signing the fmal plat.
6. A new plat note shall be added to the final plat stating "This development recognizes 22-4503 of
the Idaho Code, Right to Farm Act, which states: "No agricultural operation, agricultural facility,
or expansion thereof shall be or become a nuisance, private or public, by any changed conditions
in or about the surrounding nonagricultural activities after it has been in operation for more than
one (1)year, when the operation, facility, or expansion was not a nuisance at the time it began or
was constructed. The provisions of this section shall not apply when a nuisance results from the
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improper or negligent operation of an agricultural operation, agricultural facility or expansion
thereof." The revised plat shall be submitted to the City prior to the City Clerk signing the final
plat.
7. All living trees shall be preserved, unless otherwise determined by the Design Review Board.
Construction fencing shall be installed to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
8. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required
to install two (2) one inch and a quarter (1 ''A") fiber-optic conduit lines along all public streets
with a hand hold every 400 ft. Upon completion of the installation of the municipal fiber-optic
conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal fiber-
optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates
provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk
signing the fmal plat.
9. The applicant shall provide a GIS shape file of the subdivision (file type(s) as approved by the
Zoning Administrator)prior to the City Clerk signing the final plat.
10. The Shepherding Acres Subdivision shall remain under the control of one Homeowners
Association.
11. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be
provided to the City Zoning Administrator prior to the submittal of the fmal plat.
12. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system prior to the City Clerk signing the fmal plat.
13. The existing barn located between Lots 1 and 3 shall be removed prior to the City Clerk signing
the final plat.
14. The fmal plat shall be revised to depict all public utilities, irrigation, and lot drainage easements
along the development's exterior and interior parcel boundaries as described in Final Plat Note
#5,prior to the City Clerk signing the final plat.
15. The proposed shared driveway exceeds 150 feet and will require an approved fire department
turnaround to be installed in accordance with Appendix D of the 2018 International Fire Code.
16. The applicant shall provide a letter from the Winder Estates HOA approving of the easement
language for the easement to be placed over the existing pipe that conveys irrigation water to the
Winder Estates neighborhood, or they shall revise the easement language so that it is clear
Shepherding Acres will be responsible for the maintenance of the irrigation infrastructure. The
easement shall be recorded, and the instrument number referenced on the fmal plat, prior to the
City Clerk signing the final plat.
17. All overhead power facilities to the site shall be removed and installed underground. A surety
shall be provided for the relocation of the power facilities
place-underground prior to the City Clerk signing the final plat.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
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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 fmal plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service,prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed
on the street side of the home or shall have their sewer drainage system designed with a stub at
the house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific
criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the fmal plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final
plat. A copy of the construction drawing(s)shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to
the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will
be developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the
final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer
and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so
graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing
by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to
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the City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval
of the organized irrigation district, canal company, ditch association, drainage district, drainage
entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or
canal. The applicant shall submit a copy of the written approval from the irrigation entity,
drainage district,or drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the
City Engineer prior to the City Engineer signing the final plat. All construction shall comply with
the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider,business owner, homeowner,
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the fmal plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by
the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code,prior to the City Engineer signing the fmal plat.
16. An approval letter from the Eagle Fire Department 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 Eagle 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.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and
shall be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
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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 fmal plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or
other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing
the fmal plat.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the staff
and the City Engineer and shall be shown on the final plat prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
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 floodplain(if applicable) from the Corps of Engineers prior to approval of the fmal 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.
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 fmal plat, the applicant may construct any approved improvements
before the City Engineer signs the fmal plat. The applicant shall provide a fmancial guarantee of
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performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the fmal 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.
31. 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 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.
34. 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.
35. 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 combined preliminary
and fmal plat (PP-02-21/FP-02-21) and based upon the information provided concludes that the
proposed application is in accordance with the City of Eagle Title 9(Subdivisions)because:
A. The subdivision will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as
shown within the fmdings provided within this document and the proposed residential use is
in accordance with the residential land use designation of this area shown within the
Comprehensive Plan;
B. The subdivision will be adequately served by individual well and septic as well as by
essential public facilities such as streets, police and fire protection, schools, drainage
structures, refuse disposal; or that the persons or agencies responsible for the establishment
of the proposed use shall be able to provide adequately any such services, as noted in the
documentation provided from said agencies and as required as a part of the conditions of
approval;
C. That there are no known capital improvement programs for which this development would
prevent continuity;
D. That based upon agency verification and additional written comments of the Eagle Fire
District,there is adequate public financial capability to support the proposed development;
E. That any health, safety and environmental problems that were brought to the Council's
attention have been adequately addressed by the applicant or will be conditions of approval
as set forth within the conditions of approval herein.
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2. The Council has reviewed the particular facts and circumstances of this proposed conditional use permit
and, in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a
conditional use),has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-7-3-1(C) of Eagle City
Code, which allows exceptions or waivers of standards within Title 8 or Title 9, other than
use,through issuance of a conditional use permit(Eagle City Code Section 8-2-1);
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8) since there
are no inconsistencies with the Comprehensive Plan;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity. There is currently
no sidewalk along Washam Road and the request to waive sidewalk will be harmonious with
the rural character of the existing street section. The continued non-conforming use of the
old farmhouse encroaching into the front setback will not change the essential character of
the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
landscaping will buffer the residences from the collector road;
E. Will be served adequately by individual well and septic as well as essential public facilities
such as highways, streets, police and fire protection, drainage structures, refuse disposal, and
schools; 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 responses received by
agencies providing the public services or as represented by the applicant.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community since the
developer will be required to make improvements to the site at the developer's expense;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general welfare by reason of
excessive production of traffic,noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares since the site is required to
meet all Ada County Highway District standards for design and construction regarding
access;and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance since none are apparent on this site.
3. In accordance with Eagle City Code 8-7-3-1(C), the Council concludes that a waiver of
sidewalks, as required in Title 9,may be permitted through issuance of a conditional use permit.
4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
5. In accordance with Eagle City Code 8-5-2(C), the Council concludes that the existing
nonconforming use created by the existing structure encroaching into the front setback on Lot 3 is
appropriate to the district and may be continued upon the approval of this conditional use permit.
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DATED this 22nd day of February 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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