Findings - PZ - 2016 - RZ-01-07 MOD3 & PP-03-16 - Da Modification For C1 Subd/10-Lot/5.70 Acre/2440 N Park LaneI left
L
CALLISTER
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-01-07 M113 & PP -03-16
The above -entitled development agreement modification and preliminarN plat aw1lications came before the
Eagle Planning and Zoning Commission for their recommendation on August 1, 2016, at which time
public testimony was taken and the public hearing was closed. The Commission, having heard and taken
oral and written testimony, and having duly considered the matter, makes the following Findings of Fact
and Conclusions of Law;
FINDINGS OF FACT:
APROJECT SUMMARY:
Dave Callister, represented by John Carpenter, P.E., with T-0 Engineers, Inc., is requesting a
development agreement modification and preliminary plat approval for C1 Subdivision, a 10 -lot (9
buildable and I common) residential subdivision. The 5.70 -acre site is located on the east side of Park
Lane approximately 1,200-fect south of Beacon Light Road at 2440 North Park Lane.
B. APPLICATION SUBMF17AL:
A Neighborhood Meeting was held on-site at 6:00 PM, Wednesday, June 1, 2016, in compliance with
the application submittal requirement of Eagle City Code. The applications for this item was received
by the City of Eagle on June 16, 2016. A revised preliminary plat was provided to the city on July 28,
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 July I 1, 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 July 8, 2016. Requests for agencies' reviews were
transmitted on June 21, 2016 in accordance with the requirements of the Eagle City Code. The site was
posted in accordance with the Eagle City Code on July 13, 2016.
D, HISTORY OF PREVIOUS ACTIONS:
preliminary plat for Adonai Subdivision. (A-01-07/RZ-01-07 & PP -01-07)
On June 24, 2008, the Eagle City Council approved a development agreement modification for the
rezone associated with Adonai Subdivision. (RZ-01-07 MOD)
On July 15, 2008, the Eagle City Council approved a preliminary plat extension of time for Adonai
Subdivision to be valid until June 26, 2009. (EXT- 12-08)
On June 9, 2009, the Eagle City Council approved a preliminary plat extension of time for Adonai
Subdivision to be valid until June 26, 2010. (EXT -07-09)
On June 10, 2009, the development agreement was executed.
Page I of 16
K Tianning DupITASIc ApplicationsISURSU016TI Subdivision pddoc
On June 23, 2009, the Eagle City Council approved Ordinance No. 625 to annex and rezone the
property associated with Adonai Subdivision.
On August 10, 2010, the City Council approved a preliminary plat extension of time for Adonai
Subdivision to be valid until June 26, 2011. (EXT -04-10)
INNf %TRV iTZMEM-1 Lei ol
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
L"
11
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing Residential Two
R -2 -DA (Residential with a
Agricultural
development agreement)
Proposed Residential Two
No Change
Residential subdivision
North or site Residential Two
RUT (Rural Urban Transition
Single-family residential
and agriculture
Ada County designation)
(Whitehorse Subdivision)
South of site Residential Two
R -E (Residential -Estates)
Single-family residential
(Tabasco Subdivision)
East of site Residential Two
R -2 -DA (Residential with a
Single-family residential
development agreement)
(Lockey Subdivision)
RI (Residential -Ada
Single-family residential
West of site Residential Two
County designation)
(Ripeord Ranch
I I
I Subdivision)
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
SITE DATA -
Total Acreage of Site — 5.70
Total Number of Lots — 10
Residential -
o ercil
ommercil -Industrial
-
Co on
Common - 1
Total Number of Units - 9
Single-family - 9
Duplex - 0
Multi -family
- 0
Total Acreage of Any Out -Parcels — 0
Page 2 of 16
ADDITIONAL SITE DATA
-------------------------------------------
1.8-dwelling units per acre as
Dwelling Units Per Gross Acre
1.6 -dwelling units per acre
limited within the development
agreement
Minimum Lot Size
17,065 -square feet
— ----------------------
17,000 -square fect(minimum)
Minimum Lot Width
— -------------------------------
75- et (in n mum)
Minimum Street Frontage
35 -feet (minimum)
Total Acreage of ;.,a
Are
1.23 -acres
1.026 -acres (minimum)
Percent of Site as Common Area
Landscape Screening:
r-ti-silant to Eagie Cifj a trilruy-tiTe toot kj:) ) Mur. 0111C. ------
a five to eight foot 8') high berm, decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall, or combination thereof is required to be provided within these
buffer areas.
E-33 =-
A total of 1.21 -acres of open space is proposed within the residential subdivision. The common
areas are proposed to contain the required buffer area adjacent to North Park Lane, an emergency
access route from North Park Lane, and a storm drain facility. There is also an open space lot (Lot
1, Block 1) located in proximity to the northeast comer of the site. No amenities are proposed on
the
or space lot.
=OrMfl �17 I I �-1 411 "04TOU401 MIT ;
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&R's 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.
ffl-
The applicant is proposing 12 -foot easements along public right of ways and the subdivision
boundaty, as well as 6 -foot easements along both sides of interior lot lines. Eagle City Code
section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
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K'Aw'ng DepaTASk Appkxliom�SUBSUDWCH Subdivision pzfdac
On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
llii;lip�ll
FM- 111 I'll!1111"I I I I I li!!rr$MMV11Er_ =-
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
iiscovered during excavation or development of the site, state law requires immediate notification
to the state.
90000���
197004MIT M611
The preliminary plat, date stamped by the City on June 16, 2016, shows one (1) street section
associated with the proposed development. The street sections show a 47 -foot right-of-way
inclusive of a 33 -foot travelway (measured from back of curb to back of curb). The right-of-way is
also inclusive of a two -foot (7') portion of the planter strip located on each side of the street. The
street section also shows eight -foot (8') wide planter strips and a five-foot (5') wide detached
sidewalk located on each side of the street.
Applicant's Justification for Private Streets (if proposed): one proposed
Blocks Less Than 500': one
Cul-de-sac Design:
The preliminary plat, date stamped by the City on June 16, 2016, shows one (1) cul-de-sac
associated with the proposed development. The proposed cul-de-sac is approximately 535 -feet in
length and terminates in a cul-de-sac with a radius of 50 -feet.
Sidewalks:
Five-foot (5) wide detached sidewalks with eight -foot planter strips are proposed to be located on
each side of the street.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. 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 final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat, date stamped by the city on July 28, 2016, shows a secondary emergency
access located between the terminus of West Wellhouse Street and North Park Lane.
Page 4 of 16
K Tinowng DeplTagle SuW,,,vis;on ptHm
Bike Paths:
L. P4BLIC1SES PROPOSED: proposed
M. PUBLIC •FUTURE
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosionen no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetations no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat -unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES.
The following agencies have responded and their correspondence is attached tote staff report.
Comments, which appear to be of special concern, are noted below:
City Engineer All comments within the engineer's letter dated July 8, 2016 are of special concern
(attached to the staff report).
Ada District
Central District Health
Eagle Fire Department
DistrictEagle Sewer
Idaho Transportation Department
Republic
Tesoro r;
WestAda ScioolDis-rict
611n, SWIM �301211,141
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDINGPROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Page 5 of 16
K Tkn g tDepAriaple hpplications'SU T2616T I SubdMsion pz doc
Residential Two
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 2 units per I acre.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
0 Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Requirements:
Minimum
Lot Area
Maximum Lot (Acres Or Minimum
Zoning Maximum Interior Street Covered And Square Feet) Lot
District Height Front Rear Side Side J* H* Width I*
R-2 35' 30' 30' 10, 20' 40°/® 17,000 75'
. . . . . ... ... . .. .
•
Eagle City Code Section 8-2A-7 (J)(4): Landscape and Buffer Area Requirements:
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 ben-ning/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway (measured at the centerline) to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle Comprehensive Plan:
A minimum five foot (5) high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (Y) horizontal distance to one foot (F) vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided in combination with the berrn, a four foot (4) wide flat area
shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
Page 6 of 16
K \Planning DcpiTA& AppkvionsWRWO I 6%C I Subdivikn p9 doc
A development agreement may be modified by the city council only after complying with the
notice and public hearing provisions of section 67-6509 of the Idaho Code.
11
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOS,41:
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.4 The conditions, covenants, and restrictions for the Property shall contain at least the following:
(a) Provide that the association for Adonai Subdivision shall have the duty to maintain and
operate the pressurized irrigation system for Adonai Subdivision and all of the common
landscape areas in the subdivision in a competent and attractive manner, including the
watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle
City Code, in perpetuity.
(b) An operations and maintenance manual for the irrigation system shall be developed by the
association that will recognize a duty by the association to maintain and operate the pump
providing water to the system, including the funding mechanism for the repair and
replacement of the pump.
3.6 The developer shall provide 3 -inch minimum caliper shade -class trees (landscape plan to be
reviewed and approved by the Design Review Board) along the side of the street that has a
sidewalk within this development. Trees shall be placed at the front of each lot generally at
each side property line and the drive aisles, or as approved by the Design Review Board. The
trees shall be located in an 8 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. 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. Trees shall be
installed prior to obtaining any occupancy permits for the dwelling units. A temporary
occupancy may be issued if weather does not permit landscaping.
3.9 Provide a cross -access agreement between the applicant and the adjoining property owner to
the north where the off-site pressurized irrigation storage pond serving the property is
proposed to be located. The cross -access agreement shall be in perpetuity and provide an
easement for maintenance of the off-site pressurized irrigation storage pond.
The applicant is proposing nine (9) buildable lots. The concept plat associated with the
executed development agreement (instrument #109089345) only identes eight (8) lots.
Condition of Development 43.2 limits the density to a maximum of 1.8 units per acre; the
addition of one (1) lot will not exceed the maximum density pursuant to the executed
development agreement. The applicant is proposing to replace the concept plan with the
current site plan, date stamped by the City on June 16, 2016. Staff is recommending that an
Page 7 of 16
K \PknWng DeptEagle Appficalions%URSUGI MC 1. SWAVisior pif dor,
Amended and Restated Development Agreement be executed. The revised Concept Plan
should be included as an exhibit prior to execution of the Amended and Restated Development
Agreement.
Condition of Development #3.4 (a) of the executed development agreement (instrument
#109089345) references the previously approved Adonai Subdivision. The development
agreement should be modified to reference C I Subdivision prior to execution of the Amended
and Restated Development Agreement.
Condition of Development #3.6 states, "The developer shall provide 3 -inch minimum caliper
shade -class trees (landscape plan to be reviewed and approved by the Design Review Board)
along the side of the street that has a sidewalk within this development. Trees shall be placed
at the front of each lot generally at each side property line and the drive aisles, or as approved
by the Design Review Board. The trees shall be located in an 8 -foot wide landscape strip
between the 5 -foot wide concrete sidewalk and the curb. 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. Trees shall be installed prior to obtaining any occupancy permits for
the dwelling units. A temporary occupancy may be issued if weather does not permit
landscaping." This condition is also included within the Site Specific Conditions of the
preliminary plat� therefore, it should be deleted from the Conditions of Development of the
development agreement.
Condition of Development 0.9 of the executed development agreement (instrumenl,
4109089345) states, "Provide a cross -access agreement between the applicant and ft
adjoining property owner to the north where the off-site pressurized irrigation storage pond
serving the property is proposed to be located. The cross -access agreement shall be in
perpetuity and provide an easement for maintenance of the off-site pressurized irrigation
storage pond." The applicant is proposing to connect the pressurized irrigation system into
pressurized irrigation system associated with Lockey Subdivision. Since the applicant is
proposing to replace the Concept Plan which will not show an off-site pressurized irrigation
storage pond, Condition of Development #3.9 should be removed.
The project engineer provided a Preliminary Irrigation Report, date stamped by the city on
June 18, 2016, which indicates they are proposing to provide pressurized irrigation from the
existing pressurized irrigation system located within the adjacent Lockey Subdivision. TY,
ensure that the pressurized irrigation system will be owned and operated by the property
owners of the two (2) developments, the applicant should provide an operation and
maintenance manual that also provides a funding mechanism for the replacement of pumps
associated with the pressurized irrigation system. The applicant should also provide ?
formalized agreement for a Joint Water Association system. The operation and maintenance
manual, and Joint Water Association Agreement should be submitted with the final pla!
application.
The preliminary plat, date stamped by the city on July 28, 2016, shows a seven -foot (7') wide
attached sidewalk located adjacent to North Park Lane. Pursuant to Eagle City Code Section 9-
4-1-6(F)(3) sidewalks shall be separated from the edge of the abutting roadway and/or back of
curb by a minimum eight foot (8) wide landscape strip. The applicant should be required to
provide a revised preliminary plat showing a minimum five foot (5') wide sidewalk separated
from the edge of North Park Lane and/or back of curb by a minimum eight foot (8') wide
landscape strip prior to submittal of a final plat application.
Page 9 of 16
K TNmning DrptTa& App5aa6onsMMSUOHMC1 Subdivision pxrdac
STAFF RECOMMENDATION PRr 1 REPORT:
Based upon the information provided to date, staff recommends approval of the requested development
agreement modification and preliminary plat with conditions of approval as provided within the staff
report.
PUBLICOF r r
A. A public on application A before Planning Zoning Commission lon ,1
2016, 1 Aclosed. !
their recommendation
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission
no f ! A applicant/ w 1-
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commissi
by three (3) individuals who indicated:
! should be a minimum of 1
• The applicant should be required to design the subdivision to provide a transition of lot sizes to the
adjacent pmperties.
density of the proposed !b- A !'' ! E
,., '� li '! �: ' . 1'
0 The property is currently zoned R-2 (Residential), the proposed density and lot sizes are in
conformance _ comprehensive f A the zoningordinance.
* The proposed density of the subdivision is in conformance with the executed development agreement.
COMMISSION DECISION REGARDING DEVELOPMENT ,,
MODIFICATION:
The Commission voted 3 to l(WrightA Guerberabsent) 1 recommend approval A....' 1-11
for a development agreement modification for David Callister, with the following staff recommendt
conditions of development to be placed in an Amended and Restated Development Agreement with strit
through text to 1' deleted by Commission:
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in th
DevelopmentAgreement.
.,_ ., applicant1 applications g, 1 desig
review, preliminary and final plat reviews, and/or any conditional use permits� if applicable, and ar
other applicable applications as may be required by the Eagle City Code, which shall comply wil
the Eagle City Code, as it exists at the time such applications are made except as otherwise provide
within this Agreement.
3.2 The densityfor thepropertyA 1 : dwellingunitsper acre.
3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the projec
As _ Concept Plan evolves, understands
may occur or be required. If the City determines that any such changes require additional publ
comment due to potential impacts on surrounding property or the community, a public hearing shE
be held on any proposed changes in the Concept Plan, notice shall be provided as may be require
by the City.
3.4 The conditions, covenants, and restrictions for the Property shall contain at least the following:
Provide 4... associationfor Adenai C1Subdivisionduty tomaintain and
Page 9 of 16
K IPtanning DepIWAI c kpp1ipti0n1WJB5V20161C1 Subdimst®n pzf dne
operate the pressurized irrigation system for Adenai Cl Subdivision and all of the common
landscape areas in the subdivision in a competent and attractive manner, including the watering,
mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in
perpetuity.
(b) An operations and maintenance manual for the irrigation system shall be developed by the
association that will recognize a duty by the association to maintain and operate the pump
providing water to the system, including the funding mechanism for the repair and replacement
of the pump.
3.5 Usable park amenities such as, pathways, picnic tables, gazebos and/or similar amenities as
determined by the City Council shall be provided within the open space areas. Landscape plans
showing open space amenities shall also be reviewed and approved by the Design Review Board
prior to submittal of a final development plan/final plat.
3.6 The deVelOpeF 5hH11 pr-ey.de 3 minimum ealipeF shade elass tFees (Iandseape plaR t
FeViewed and — . I . - — _aview 130HFd) aleng the side efihe sti:eet that has aside
with: I i I I , neni. Trees shall be plaeed at the front efeaeh let genefally at eaeh Side PFepe
line and the ditive aisles, or as appreved by the Design ReN,iew Beard. The tfees shall be leeated in
an 8 feet wide iandseape stfip bePA,eea the 5 feet wide eeReFeie sidewalk and the euFb. PFi8F te the
City Qede signing the final plat the applieant shall either install the FeqUiFed tML-S, 50d, and iffigfiti0ft
OF PFOVide the City with a it -weer A -C ervadit for- 159916 ef the eest of the installation of all landsespe and
iffigatien impr-evements. T -Fees shall be installed ffieir- to obtaining any eeempaney pei;mits fOF the
dweiiing units. A tempeFafy eeeupaney may be issued ifweatheF dees not peimit landseaping.
3.7 The applicant shall provide a letter from the Farmer's Union Canal Company approving of any
construction plans involving the relocation or construction of irrigation facilities currently accessing
the site and under the purview of the Company, prior to the approval of the final plat.
19- vide a wom access agFeement between the appheant an&4k
nei4h where the eff site pFeSSUFized ffigatiOR StElFage pend i., �esed to b
leeated. The er-ess aeeess agr-eement shall be in per-petuity and PFOYide an eaSeffiens fAr. wAintsiqanee
Of the Off Site pFeSSUFiFed iffigatieR Stffage pend.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Wright and Guerber absent) to recommend approval of PP -03-16 (Exhibit
"A") for a preliminary plat for C1 Subdivision for David Callister, with the following staff recommended
site specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I . Comply with all conditions within the development agreement for rezone application RZ-01-07
MOD3, and all subsequent modifications.
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 Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first. (ECC 9-2-3 [C] [3] [1])
4. Provide a revised preliminary plat showing a minimum five foot (5') wide sidewalk separated from the
edge of North Park Lane and/or back of curb by a minimum eight foot (8') wide landscape strip prior
to submittal of a final plat application. (94-1-6[F][3])
5. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
Page 10 of 16
K Tlanning DeptTagle Applicalions%SUBSU01MC I SuWivisioa pzf doe
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. 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. 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. Partial reduction of the surety may be permitted for any portion of the development that is
completed, including street trees that have been installed. On-going surety for street trees for all
undeveloped portions of f will be required through project completion.
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 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.
7. The applicant shall place a note on the final plat that the pressurized irrigation system and all common
lots are to be owned and maintained by the Homeowner's Association.
The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized iffigation system and all common landscape areas in the subdivision are maintained in
a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
anA trees in perpetuity.
9. Provide an operation and maintenance manual that also provides a funding mechanism for the
re lacement of pumps associated with the pressurized irrigation system. The applicant shall also
p
provide a formalized agreement for a Joint Water Association system. The operation and maintenance
manual, and Joint Water Association Agreement shall be submitted with the final plat application.
(ECC 9-4-1-6[C])
10. The Cl Subdivision shall remain under the control of one Homeowners Association. (ECC 9-3-
8[DI[41)
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ne app compl."'?", ents
Idaho Transportation Department, including but not limited to approval of the drainage syste
curbs, gutters, streets and sidewalks. i
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 4
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 th;
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
Page I I of 16
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DMMON OWA, 41 1111MOIDIIINV341
H. 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 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
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K MonmnS DcpOE&Mle App','�,czfionMSUBS\nd I&C I Subdi"6m prfdoc
%, Engineer
(:J City's prior tothe City Engineersigningthe finalplat. All 1 !shall comply
specifications 1standards.applicant delineate on !'the finalplat an
easement,acceptable tothe City Engineer,
for purpose 1. • • !maintaining street
fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City
requirements,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 Eagle 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 ! • other
items 1concern , be ! .!, 1
y 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.
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
Departmentprior toissuanceY building permit.
16. 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 fthe Eagle City Attorneyprior fthe City Engineer signingplat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for 1' 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 f the City Engineer signing the final plat.
Attorney17. Should the homeownees association be responsible for the operation and maintenance of the ston'n
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 prior ! the City Engineer signing the final plat.
r Review,
. The applicant shall submit an application for Design
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.
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DC Tlanning DtVAEagle ApplimionitShf€DS12C OMM SwbdivWan pzfdec
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 plat by the City Council.
plat.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
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council considerationof the final ►
24The 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.
Council26. 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 tho
required by the above conditions, will require submittal of an application for modification a
approval of that application prior to commencing any change. Any change by the applicant in t
planned use of the property which is the subject of this application, shall require the applicant
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions
force at the time the applicant or its successors in interest submits application to the City of Eag
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with t
construction of or authorize the construction of any of the public improvements required by t
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of t
City 9-6-5
After Counciltil # , ►the final ll;the applicant .construct any approvedimprovemen
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee
performance in the amount of 150% of the total estimated cost for completing any requir
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financi
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivisi
within one year following City Council approval shall cause this approval to be null and voi
unless a time extension is granted by ►
31. Prior to submitting the final plat for recording, the following must provide endorsements or
Owners or dedicators, Registered Land Surveyor,* District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
• City Clerk.
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K (planning ®ept\ agle AppliutionASUBSU016TI Subdin6on pdd®a
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 fof
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
D. 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:
I . The Commission reviewed the particular facts and circumstances of this proposed development
agreement modification (RZ-01-07 MOD3) 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 is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of R -2 -DA (Residential with a development agreement) is in
accordance with the Residential Two classification as shown on the Comprehensive Plan Land
Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are required to be provided,
to serve a single-family dwelling residential subdivision on this property under the proposed
zone;
c. The proposed R -2 -DA (Residential with a development agreement) is compatible with the R- I
(Residential — Ada County designation) zone and land use to the south since that area is
buffered from the proposed development by Tobasco Trail Road;
d. The proposed R -2 -DA (Residential with a development agreement) is compatible with the R-
2 -DA (Residential with a development agreement) zone and land use to the east since that area
has the been developed with a subdivision with similar density;
e. The proposed R -2 -DA (Residential with a development agreement) is compatible with the RI
(Residential — Ada County designation) zone and land use to the west since that area has the
same Comprehensive Plan designation as this site and may be developed in a similar manner;
f The proposed R -2 -DA (Residential with a development agreement) is compatible with RUT
(Rural -Urban Transition — Ada County designation) zone and land use to the north since that
area has the same Comprehensive Plan designation as this site and may be developed in a
similar manner;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. No non -conforming uses will be created with this rezone.
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K Tlmmng Dcpa\Fagle AppRcafion%\SUBSV,01MC1 Subdi%rWon pzrdoc
2. The Commission f the particular facts andcircumstances1thisproposed preliminary ■ .'
(PP -03-16) and basedupon the informationprovided concludes- proposed preliminaryplat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zoning designation of R -2 -DA
(Residential " development
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City
Code since the development is consistent with the Comprehensive Plan Land Use Map designation
of Mixed Use and provides the required improvements for a subdivision or as may be conditioned
c. Will 1• designed, constructed, operated fmaintained to 1'harmoniousand appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not of fi because be designed
accordance with the requirements of the proposed development agreement modification, standards
of Eagle City Code and the Eagle Architecture and Site Design book (EASD);
f. Will not create excessive additional requirements at public cost for facilities and services as the
site will be served with central sewer from the Eagle Sewer District and will use public water to be
served from United Water of Idaho. Fire protection will be available from the Eagle Fire
Department and fire hydrants1' provided where required;
Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project is required to be reviewed and approved by
the Ada County Highway District and is subject1 the conditions
f While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual#ts as conditions of approval;
.g. That based upon agency verification and additional written comments provided, or as conditioned
herein, there is adequate public financial capability to support the proposed development;
h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the preliminary
i.t anf subsequent final plat approval 1 conditions of 1 f ! `'
Imm
f WN/ 1. i !
. ,
gg r�►
1
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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K,Tknning DeptT&gle Applications%SUBSUDIOC1 Subdivision pxf doc