Findings - CC - 2022 - A-12-20 RZ-16-20 PP/FP-01-20 CU-09-21 - Spartan Estates Subdivision Annexation, Rezone, Combined Preliminary And Final Plat, And A Conditional Use Permit 7
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION,REZONE FROM )
FROM RUT(RURAL-URBAN TRANSITION- )
ADA COUNTY DESIGNATON)TO R-E-DA )
(RESIDENTIAL-ESTATES WITH A )
DEVELOPMENT AGREEMENT), )
COMBINED PRELIMINARY AND FINAL )
PLAT,AND A CONDITIONAL USE PERMIT )
FOR SPARTAN ESTATES SUBDIVSION )
FOR CLARK MAHY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-12-20/RZ-16-20,PP/FP-01-20& CU-09-21
The above-entitled annexation, rezone with a development agreement, and combined preliminary and
final plat applications came before the Eagle City Council for their consideration on July 21, 2021, 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, remanded the
applications to staff to further work with the applicant regarding the implementation of a sidewalk.
The above-entitled conditional use permit came before the Eagle City Council for their action on
February 22, 2022, along with the annexation, rezone with a development agreement, and combined
preliminary and final plat applications, 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:
Clark Mahy, represented by Jeffrey Bower with Givens Pursley, LLP, is requesting an
annexation, rezone from RUT (Rural-Urban Transition — Ada County designation) to R-E-DA
(Residential-Estates with a development agreement), combined preliminary and final plat, and
conditional use permit approvals for Spartan Estates Subdivision, a 2-lot residential subdivision.
The 4.69-acre site is located on the west side of North Meridian Road approximately 1,500-feet
south of the intersection of North Meridian Road and West Beacon Light Road at 2635 North
Meridian Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 7:00 PM, Monday, August 3, 2020, in compliance
with the application submittal requirements of Eagle City Code. The applications for the
annexation, rezone, and combined preliminary and fmal plat were received by the City of Eagle
on December 7, 2020. The application for the conditional use permit was received by the City of
Eagle on December 14, 2021.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews for the annexation, rezone, and combined preliminary and final
plat applications were transmitted on December 28, 2020, in accordance with the requirements of
the Eagle City Code. Notice of Public Hearing on the applications for the Eagle Planning and
Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on April 26, 2021.Notice of this public hearing was mailed
Page 1 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\O1-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf.docx
to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code April 23, 2021. The site was posted in accordance with the Eagle City Code on
May 5,2021.
Notice of Public Hearing on the annexation, rezone, and combined preliminary and final plat
applications 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 June 25, 2021.Notice of this public
hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter
65, Idaho Code and Eagle City Code June 25, 2021. The site was posted in accordance with the
Eagle City Code on June 29, 2021.
Requests for agencies' reviews for the conditional use permit application was transmitted on
January 3, 2022, in accordance with the requirements of the Eagle City Code. Notice of Public
Hearing on the application for the Eagle City Council was published in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on January 28, 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 28, 2022. The site was
posted in accordance with the Eagle City Code on February 4,2022.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
The annexation, annexation, rezone, and combined preliminary and final plat applications were
heard by City Council on July 21,2021 and remanded to staff.
E. COMPANION APPLICATIONS:
All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's narrative, date stamped by the City on December 7, 2020 (attached to the staff
report).
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's narrative, date stamped by the City on December 7, 2020(attached to the staff
report).
H. APPLICANT'S STATEMENT OF JUSTIFICATION OF A CONDITIONAL USE PERMIT:
See applicant's narrative,date stamped by the City on December 14, 2021 (attached to the staff
report).
I. COMPANION APPLICATIONS:None.
Page 2 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\Ol-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf.docx
J. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING DESIGNATION LAND USE
DESIGNATION
Existing Neighborhood(Residential RUT(Rural Urban Transition Single-family residential
Transition Overlay)within —Ada County Designation)
the Village Planning Area
Proposed No Change R-E-DA(Residential-Estates Single-family residential
with a development subdivision
agreement)
North of site Neighborhood(Residential R1 (Residential) Single-family residential
Transition Overlay) subdivision
(Gallup Estates)
South of site Neighborhood(Residential R-E-DA(Residential-Estates Single-family residential
Transition Overlay) with a development subdivision
agreement) (Henry's Subdivision)
East of site Estate Residential R-E-DA(Residential-Estates Single-family residential
with a development subdivision
agreement) (Catalpa Subdivision)
West of site Neighborhood(Residential RUT(Rural Urban Transition Single-family residential
Transition Overlay) —Ada County Designation) subdivision
(Tamara Place)
J. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA,or DSDA.
K. SITE DATA:
Total Acreage of Site—4.69-acres
Total Number of Lots—2
Residential—2
Commercial—0
Industrial—0
Common—0
Total Number of Units—2
Single-family—2
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
Page 3 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\0I-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf docx
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.43-units per acre 0.43-units per acre maximum(as
limited within the development
agreement)
Minimum Lot Size 2.25-acres 1.8-acres(minimum)
Minimum Lot Width 258-feet 100-feet(minimum)
Minimum Street Frontage 258-feet 35-feet
Total Acreage of Common Area 0-acres 0-acres
(measured as total landscaping of
the entire site)
Percent of Site as Common Area 0% 0%
(measured as total landscaping of
the entire site)
L. GENERAL SITE DESIGN FEATURES:
Open Space,Green Belt Areas,and Landscape Screening:
This subdivision is proposed to be located within the R-E-DA (Residential-Estates with a
development agreement) zoning district; a minimum amount of open space is not required
internal to the subdivision. However, a 35-foot wide buffer is required along North Meridian
Road which would be calculated as open space.
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.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System--Yes
Pressurized Irrigation:
The applicant is requesting a pressurized irrigation waiver since an alternative irrigation delivery
method to the site already exists and will continue to be utilized.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Page 4 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\01-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf docx
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
M. STREET DESIGN:
Public Streets:None proposed.
Blocks Less Than 500':None proposed.
Cul-de-sac Design:None proposed.
Sidewalks:
Construction of a sidewalk along the frontage of the property adjacent to North Meridian Road is
required.
Curbs and Gutters:None proposed.
Lighting:None proposed.
Street Names:No new streets are proposed with this application.
N. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
Construction of a sidewalk along the frontage of the property adjacent to North Meridian Road is
required.
Bike Paths:None proposed.
O. PUBLIC USES PROPOSED:None proposed.
P. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
Q. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is located within the Eagle Fire Protection District. As proposed, the subject
property will be served by on-site septic. The existing residence within Lot 1 is proposed to retain
use of existing well. Lot 2 is proposed to connect to Suez Water for domestic water.
R. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—Not known
Areas of Critical Environmental Concern—Not known
Evidence of Erosion—Not known
Fish Habitat—No
Floodplain—No
Mature Trees—Near existing residence
Riparian Vegetation—No
Steep Slopes—Yes
Stream/Creek—No
Unique Animal Life—Not known
Unique Plant Life—Not known
Unstable Soils—No
Wildlife Habitat—Not known
Historical Sites—Not known
S. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required.
Page 5 of 25
K\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\0I-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf docx
T. AGENCY RESPONSES REGARDING THE ANNEXATION, REZONE, AND COMBINED
PRELIMINARY AND FINAL PLAT:
The following agencies have responded, and their correspondence is attached to the staff report.
Comments,which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated April 12, 2021 are of special
concern.
City Trails and Pathways Superintendent
Ada County Development Services
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
U. LETTERS FROM THE PUBLIC REGARDING THE ANNEXATION, REZONE, AND
COMBINED PRELIMINARY AND FINAL PLAT: None received to date.
V. AGENCY RESPONSES REGARDING THE CONDITIONAL USE PERMIT:
The following agencies have responded,and their correspondence is attached to the staff report:
Ada County Highway District
Ballentyne Ditch Company
Marathon Pipe Line, LLC
W. LETTERS FROM THE PUBLIC REGARDING THE CONDITIONAL USE PERMIT::
A letter from Darci Shields, date stamped by the City on February 9, 2022 is attached to the staff
report prepared for the Conditional Use Permit.
THE EAGLE 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:
6.7 Land Use Designations
The Comprehensive Plan Land Use Map(adopted November 15,2017), designates this site as the
following:
Neighborhood Residential
Residential development that provides for a transition between land use categories and uses.
Commonly requires a transition/change in density, lot sizing, and building scaling with a specific
parcel or project. Base densities may be reduced or units may be clustered to increase open space
within a portion of a site when property is in this overlay.Neighborhood design will be paramount
in this overlay to ensure appropriate transition between uses. See specific planning areas for
further description.
6.6 Village Planning Area
The Village Planning Area is designated for the establishment of an employment center at Beacon
Light Road that is oriented to the State Highway 16 corridor and the provision of goods and
services in the northwest portion of the City so residents are not required to travel significant
distances for basic amenities. The land uses are intended to be flexible to encourage corporate
office, light manufacturing, and similar uses into the area and to create a unique destination within
the City. The non-residential area along Beacon Light Road will transition into similar sized large
Page 6 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates WI-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf.docx
lot residential uses as development approaches Homer Road and the Foothills. Neighborhood
Residential uses are designated south of Beacon Light to Floating Feather Road. This area is not
intended to be master planned but does require great care in planning to ensure that uses are
compatible and that the Village Center serves as the activity center of the area and is not taken
over by residential uses.
6.6.2 Village Planning Area Access
H. The design of the area should incorporate non-motorized pathways linking residential areas to
the Village Center,foothills,and the existing Eagle Downtown.
6.6.3 Issues of Concern
A. The scaling and compatibility of uses will be of significant concern in this area. in order for
non-residential uses to locate in this area they will require the establishment and development
of residential uses prior to construction. The compact residential designation should be
developed to support the planned non-residential uses in the area. New residents should be
made aware that the area is intended to have research/development park, educational campus,
and/or corporate park uses in the area.
B. Special care should be taken to preserve the Village Center area. While residential uses will
be the first demand in the area the City needs to work with land owners and developers to
preserve sufficient land for the non-residential uses that will be needed to serve the area at
buildout. If development pressure is not held back, the City's vision for an employment area
will not be achieved.
C. Special care should be taken to ensure that employment uses are incorporated into the Village
Center. The Village Center designation is scaled for the inclusion of employment uses. If the
City allows the area to shift into a retail and/or commercial-only area the size of the land use
designation should be re-scaled.
D. Special care should be taken to ensure that non-residential uses area internally oriented to the
Village Center and that buildings and signage do not clutter the State Highway 16 corridor. If
special care is not taken the vision of the City of Eagle for State Highway 16 to serve as an
entry corridor will not be achieved.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
R-E RESIDENTIAL-ESTATES DISTRICT: To provide opportunities for very low density
residential land use compatible with the topography and public service capacities. Gross density
shall not exceed one single-family dwelling unit per two(2)acres.
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.
Page 7 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\01-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf.docx
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Requirements:
Minimum Yard Setbacks
Note Conditions A To E* Minimum
Maximum Lot Area Minimum
Lot (Acres Or ( Lot
Zoning Maximum Interior Street Covered Square Width I*
District Height Front Rear Side Side F And J* Feet)H*
R-E 35' 50' 30' 20' 35' 15% 1.8 acres 100'
• Eagle City Code, Section 8-2A-7(J): Buffer Areas/Common Lots:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi-family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot
located between the residential lots within the subdivision and the right of way line of the
adjacent roadway. This buffer is required as part of the common area open space owned and
maintained by a homeowners' association. Any landscaping proposed to be within the public
right of way shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade of
the adjacent roadway (measured at the centerline) to the top of the proposed
berming/fencing. The required buffer area width,plantings,and fencing are as follows:
a. Any road designated as a collector on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred(100) linear feet of right of way: four(4)
shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree
may be substituted with two (2) flowering/ornamental trees, provided that not more than
fifty percent(50%)of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3') horizontal distance to one foot (1')vertical distance. If a decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall is to be provided in combination
with the berm, a four foot (4') wide flat area shall be provided for the placement of the
decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing
shall not be permitted.
• 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 find adequate evidence showing
that such use at the proposed location:
Page 8 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\01-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf.docx
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, 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.
D. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-2-3 (B)(1-5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request that
the subdivision application be processed as both a preliminary and final plat if all the following
exist:
1. The proposed subdivision does not exceed ten(10)lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain,hillside development or the like;
4. All required information for both preliminary and 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.
• Eagle City Code Section 9-3-2-1: Location and Design:
Streets and road location and design shall conform to the following standards:
J. Driveways: Driveways providing access to no more than two (2) dwelling units shall be
allowed within any subdivision.
Page 9 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\01-Spartan Estates Sub-A-Rz-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf.docx
• Eagle City Code Section 9-3-3: Pedestrian Walkways:
Right of way for pedestrian walkways in the middle of long blocks may be required where
necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas. The
pedestrian easement shall be at least ten feet(10')wide. (Ord. 566, 5-15-2007)
• Eagle City Code Section 9-3-5: Lots:
Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height and
area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from
the standards within section 8-2-4 of this code may be considered as part of the planned unit
development.
B. Future Arrangements: Where parcels of land are subdivided into unusually large lots (such
as when large lots are approved for septic tanks), the parcels shall be divided, where
feasible, so as to allow for future re-subdividing into smaller parcels. Lot arrangements shall
allow for the ultimate extension of adjacent streets through the middle of wide blocks.
Whenever such future subdividing or lot splitting is contemplated, the plan thereof shall be
approved by the city council prior to taking of such action.
C. Sufficient Area For Septic Tank: Where individual septic tanks have been authorized,
sufficient area shall be provided for a replacement sewage disposal system. (Ord. 566, 5-15-
2007)
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style,
durable fencing material, unless the fence is located on the property line between the required
roadway buffer area and the residential lot, in which case the fence may be a solid wood picture
frame or premium vinyl picture frame fence as identified in the EASD book. If the buffer area
is designed so that the fence is visible from the adjacent roadway, then the fence shall include
decorative columns spaced a maximum of sixty feet(60') apart. Specific buffer area fences and
decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code.
Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted
within the above designated areas.A section within the subdivision CC&Rs shall be created for
the regulation of fences to this effect. (Ord. 566, 5-15-2007;amd. Ord. 820, 12-10-2019)
• Eagle City Code Section 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.
(Ord. 566, 5-15-2007; amd.Ord. 820, 12-10-2019; Ord. 858, 10-26-2021)
Page 10 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\01-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf.docx
• Eagle City Code Section 9-4-1-6: Pedestrian Bicycle Pathway and Sidewalk Regulations:
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'), and the street is designated a
local street, sidewalks on only one side of the street may be allowed. This sidewalk
exception shall not be permitted on collectors,arterials, or section line streets.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County highway district.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required. (Ord. 566, 5-15-2007)
• Eagle City Code Section 9-4-1-9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units and subdivision common areas shall be provided with a
pressurized irrigation system to be served with irrigation water from a surface water right
unless a waiver,as outlined herein, is approved by the city council.
3. Should installation of a pressurized irrigation system be waived by the city engineer, as
outlined herein, compliance to Idaho Cade 31-3805 is still required.
4. Requests for waivers shall be submitted to the city with the preliminary plat application
and shall be accompanied by an irrigation report, prepared by a licensed Idaho registered
professional engineer, stating the location and availability of surface irrigation water and
documenting the basis for the waiver request. If applicable, the irrigation report shall be
accompanied by a letter from the irrigation district or canal company stating that water
rights and/or a delivery system are not available to the property.
• Eagle City Code Section 9-4-1-11: Fire Hydrants and Water Mains:
Adequate fire protection shall be required in accordance with the appropriate fire district
standards. (Ord. 566, 5-15-2007)
E. DISCUSSION:
• Staff has reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat and, in terms of Eagle City Code Section 9-2-3(B)"1 thru 5"(minimum criteria to
combine a preliminary and final plat),and finds:
The proposed combined preliminary and final plat:
1. Does not exceed ten(10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain,hillside development or the like.
4. All required information for both preliminary and final plat is complete and in an acceptable
form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of
the Zoning Title of the City.
Page 11 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\01-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf.docx
• The provided preliminary plat does not include a proposed public sidewalk. Eagle City Code
Section 9-4-1-6(F)(1) states that, "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." While the average width of the lots within the
proposed subdivision exceeds the one hundred foot (100') dimension noted above, the context
of the site (both its direct frontage on North Meridian Road and the existing sidewalk network
along the west side of North Meridian Road to the south) promotes the inclusion of a sidewalk
along the frontage of the subject property as a beneficial section to the pedestrian continuity of
the City as it continues to develop within the Village Planning Area. Beginning at West
Floating Feather Road and extending north, there is approximately 3,600-feet of continuous
sidewalk (exclusive of the canal crossing) that currently terminates approximately 325-feet
south of the subject property. The Village Planning Area Access section of the Comprehensive
Plan (6.62), states that non-motorized pathways linking residential areas to the Village Center,
the foothills, and downtown Eagle are to be incorporated. In an effort to create the continuity
outlined within the Comprehensive Plan and per Eagle City Code Section 9-4-1-6,the inclusion
of a detached sidewalk that extends the full length of the subject property should be included as
part of the proposed subdivision. The applicant should submit a revised preliminary and final
plat that reflects the inclusion of a sidewalk prior to the signing of the final plat.
• The submitted application is not showing the required landscape buffer area/common lot
located adjacent to North Meridian Road. The "Long Range Highway and Street Classification
Map: 2040 Functional Classification System" (map date: June 2, 2015) classifies North
Meridian Road as a Collector. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a) and based
on North Meridian Road's classification as a Collector, the applicant is required to construct a
35-foot wide buffer area to be located within a common lot located between the residential lots
within the subdivision and the right-of-way line of the adjacent roadway. The required buffer
area is to contain a minimum five to eight foot (5' to 8') high berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof.
The required berm is to contain the following plants per one hundred (100) linear feet of right
of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2) flowering/ornamental trees, provided that
not more than fifty percent (50%) of the shade trees are substituted. Staff will defer to the
Commission and the Council in regard to the required buffer area/common lot to be located
adjacent to North Meridian Road prior to the City Clerk signing the final plat.
Should the required buffer area/common lot(located adjacent to North Meridian Road)be
required,the applicant should provide a revised preliminary plat and landscape plan that
reflects the addition of a common lot with a 35-foot wide buffer that complies with Eagle City
Code, Section 8-2A-7(J)(4)(a).
• The subject property has one existing driveway that will remain on Lot 1. A new driveway that
provides access to the future building site on Lot 2 is also proposed. Driveway improvements,
to both the new and the existing driveways, should comply with all ACHD alignment and
design standards and requirements.
• The preliminary plat shows an existing fence that,in its current location,encroaches into the utility
and pedestrian access easements, sidewalk, and landscape buffer, as required, along the street side
of the property adjacent to North Meridian Road. The existing fence that runs parallel to North
Meridian Road at the front lot line should be removed/relocated to allow for the implementation of
the sidewalk and landscaped buffer,as required,prior to the City Clerk signing the fmal plat.
Page 12 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\OI-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf.docx
• The provided preliminary plat, date stamped by the City on March 03, 2021, does not show
locations or reference notes for proposed streetlights. Eagle City Code Section 9-4-1-5 states, in
part, "the subdivider(and subsequent homeowners' association) shall install, at the subdividers'
expense, streetlights, and assume ownership of the streetlights and shall pay the cost of
maintenance and power in perpetuity." The applicant should provide a revised preliminary and
final plat that includes a streetlight along North Meridian Road located at the shared property
line that bisects the properties. The revised preliminary and final plats should be provided prior
to the signing of a final plat application.
• The applicant submitted a pressurized irrigation waiver, date stamped by the City on April 12,
2021, stating that an alternative irrigation delivery method(gravity irrigation)to the site already
exists and will continue to be utilized. The applicant has stated that because of hardships due to
the irrigation water delivery schedule occurring every 15 days that it is not feasible to construct
a pressure irrigation system while maintaining a functional system that meets the irrigation
needs of the property.
Should the irrigation waiver not be accepted by the City Council,the applicant shall submit a
revised preliminary plat,construction drawings,and calculations of the pressurized irrigation
that complies with the requirements of Eagle City Code Section 9-4-1-9(C)system to the City
Engineer for approval prior to the City Clerk signing the final plat.
• The applicant is proposing to retain use of the existing well and septic system that is currently
utilized by the existing residence on part of the property and proposing to implement a new
septic system and connect to Suez Water by connecting with an existing water mainline that
runs adjacent to the subject property. Eagle City Code Section 8-2-1 states in part that,
"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). The applicant should connect the property to centralized water and sewer where
service connections are available.
PUBLIC HEARING OF THE COMMISSION REGARDING THE ANNEXATION, REZONE
AND COMBINED PRELIMINARY AND FINAL PLAT:
A. A public hearing on the application was held before the Planning and Zoning Commission on May
17, 2021, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in opposition to the applications was provided to the Planning and Zoning
Commission by no one.
C. Oral testimony in favor of the applications was provided to the Planning and Zoning Commission by
one(1) individual(not including the applicant)who indicated the following:
• As a longtime resident,he has seen a lot of change come to North Meridian Road.
• A sidewalk in front of the subject property would seem unnecessary since it would not connect to
any adjacent sidewalks.
• The frontage of the subject property that includes the white split rail style fence is appropriate for
the area.
• The grade at the front of the subject property adjacent to Meridian Road sits below North Meridian
Road so a sidewalk would either be built below the street or would have to be raised up to the level
of the street.
Page 13 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\01-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf docx
• The streetlights are not needed at the subject residence. There are no streetlights from the
residence north to Beacon Light.
• Flood irrigation is standard for this area.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• Alternative methods of compliance exist within Eagle City Code for the streetlights, a landscape
buffer, and pressurized irrigation system. However,the code does not provide an alternate method
of compliance for the inclusion of sidewalks.
• Throughout the City there are numerous sidewalks that do not currently connect to other adjoining
properties, but it would be preferred that through future planning those sidewalks did connect
adjoining properties.
• Given the hardship due to the infrequency of irrigation water delivery, as stated within the
submitted pressurized irrigation waiver request, the Commission supports the pressurized
irrigation waiver.
• The Commission determined that due to the location of existing street lights on North Meridian
Road that a new street light at the proposed project is not required.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 4 to 0 (McLaughlin absent)to recommend approval of A-12-20 and RZ-16-20 for
an annexation and rezone from RUT (Rural-Urban Transition — Ada County Designation) to
R-E-DA (Residential-Estates with a development agreement) with conditions to be placed within a
development agreement as provided within their findings of fact and conclusions of law document, dated
June 21,2021.
COMMISSION DECISION REGARDING THE COMBINED PRELIMINARY AND FINAL
PLAT:
The Commission voted 4 to 0 (McLaughlin absent) to recommend approval of PP/FP-01-20 for a
combined preliminary/final plat for Spartan Estates Subdivision with the site specific conditions of
approval and standard conditions of approval provided within theoir findings of fact and conclusions of
law document,dated June 21,2021.
PUBLIC HEARING OF THE COUNCIL REGARDING THE ANNEXATION, REZONE AND
COMBINED PRELIMINARY AND FINAL PLAT:
A. A public hearing on the annexation,rezone, and combined preliminary and final plat applications was
held before the Eagle City Council on July 13, 2021, at which time testimony was taken and the
public hearing was closed. The Council remanded the application to staff to continue to work with
the applicant regarding the implementation of a sidewalk along the property frontage along North
Meridian Road.
B. Oral testimony in opposition to the applications was presented to the City Council by no one, not
including the applicants' representative.
C. Oral testimony in favor of the applications was presented to the City Council by no one.
Page 14 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\01-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccfdocx
D. Oral testimony neither in opposition to nor in favor of the applications was given before the City
Council by one (1) individual, not including the applicant's representative, who indicated the
following:
• A recently subdivided property of similar size and proposal was required to include a sidewalk at
the time of their application and that on arterial and collector streets, such as North Meridian Road,
the city should be wary of not requiring sidewalks at the time of application approval due to risks
of the property becoming a gap in the sidewalk network that someone else later has to build.
PUBLIC HEARING OF THE COUNCIL REGARDING THE CONDITIONAL USE PERMIT:
A. A public hearing on the conditional use permit application was held before the Eagle City Council on
February 22, 2022, at which time testimony was taken and the public hearing was closed. At this
time, the Council also reviewed the annexation, rezone, and combined preliminary and final plat
applications and made their decision regarding all of the applications at that time.
B. Oral testimony in favor of the application was presented to the City Council by no one, not including
the applicant's representative.
C. Oral testimony in opposition to the application was presented the City Council by no one.
COUNCIL DELIBERATION REGARDING THE ANNEXATION,REZONE,COMBINED
PRELMINARY AND FINAL PLAT APPLICATION,AND CONDITIONAL USE PERMIT:
Upon closing the public hearing,the Council discussed during deliberation that:
• It is difficult for these smaller subdivisions to carry the burdens of cost related to installing a
public sidewalk.
• The sidewalk along North Meridian Road does not currently terminate at the north or south
property line of the subject property so the inclusion of a sidewalk here would not create new
continuity.
• Not including the subject property, five (5) of the six(6) properties along the west side of North
Meridian Road that do not have sidewalk currently reside within the Ada County's jurisdiction and
that if they were to be annexed into the City,there would be an opportunity to include sidewalks.
• Properties within the Village Planning Area, pursuant to the Eagle is HOME Comprehensive Plan,
should incorporate non-motorized pathways linking residential areas to the Village Center,
Foothills, and the existing Eagle downtown.
• Sidewalks, similar to services such as water and sewer, are common requirements for properties
being annexed into the City or subdivided.
• If only an easement for the future inclusion of a sidewalk was included now, the concern
regarding who pays for the sidewalk in the future remains.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE:
The Council voted 3 to 1 (Pike against) to approve A-12-20 and RZ-16-20 for an annexation and rezone
from RUT (Rural-Urban Transition — Ada County Designation) to R-E-DA (Residential-Estates with a
development agreement)with the following Planning& Zoning Commission recommended conditions to
be placed within a development agreement with underline text to be added by the Council and strike
through text to be deleted by the Council:
3.1 The maximum density for the Property shall be 0.43 dwelling units per acre (two (2) single-family
lots).
Page 15 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\O1-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccfdocx
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, the Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided with this Agreement.
3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public comment
due to potential impacts on surrounding property or the community, a public hearing shall be held
on any proposed changes in the Concept Plan, notice shall be provided as may be required by the
City.
3.4 The existing residential dwelling unit located within Lot 1,Block 1 shall be allowed to remain at its
current location. Should the existing dwelling be replaced, the new dwelling shall meet the setback
requirements for the R-E (Residential-Estates) zone at the time when applications for building
permits are reviewed.
3.5 The applicant shall connect to centralized water and sewer where service connections are available
for the portion of the subject property that is not currently utilizing existing well and septic.
3.6 The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) A maintenance manual for the private driveways requiring the association(s)shall have the duty
to maintain and operate the private drives including the repair and replacement of asphalt and
sidewalks, in perpetuity.
(c) A maintenance manual for the landscaped buffer area requiring that the association shall have
the duty to maintain the irrigation system, trees, shrubs, and groundcovers within the eselmen
let landscaped area located in the easement adjacent to North Meridian Road in a competent
and attractive manner, in perpetuity.
(d) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of
all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be
deemed to be amended to comply with the applicable rule,regulation, law or ordinance.
Page 16 of 25
K:\Plant ing Dept\Eagle Applications\SUBS\2020\Spartan Estates\01-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf.docx
COUNCIL DECISION REGARDING THE COMBINED PRELIMINARY AND FINAL PLAT:
The Council voted 3 to 1 (Pike against)to approve of PP/FP-01-20 for a combined preliminary and final
plat for Spartan Estates Subdivision with the following Planning and Zoning Commission recommended
site specific conditions of approval and standard conditions of approval with underline text to be added by
the Council and strike through text to be deleted 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. Comply with all conditions within the development agreement for the annexation application (A-12-
20)and rezone application(RZ-16-20).
4. Provide a revised Preliminary Plat with a note that states, "All development within this subdivision
shall be consistent with the conditions of development within the development agreement(Instrument
No. )and any subsequent modifications to the development agreement."
5. Provide a revised preliminary plat with a new plat note stating, "Development of this property shall
be in conformance with Eagle City Code and consistent with the conditions of development within
the development agreement associated with RZ-16-20, or any subsequent modifications."The revised
preliminary plat shall be provided prior to submittal of a final plat application.
6. Provide a revised preliminary plat with a new plat note 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 improper or negligent operation of an agricultural operation, agricultural facility or
expansion thereof."" The revised preliminary plat shall be provided prior to submittal of the final
plat application.
7. Provide a copy of the Central District Health Department(CDHD) application and engineering report
or correspondence from CDHD indicating the subdivision has been reviewed and approved by CDHD
prior to the City Clerk signing the final plat.
8. The Spartan Estates Subdivision shall remain under the control of one Homeowners Association.
9. The applicant shall include a minimum 5-foot wide detached sidewalk that extends the full length of
the property (contiguous from the northerly property line to the southerly property line except at the
private driveways)to allow for future connectivity along the west side of North Meridian Road in the
future. A revised preliminary plat that reflects the inclusion of a sidewalk, as noted above, should be
submitted prior to the signing of the final plat.
10. The applicant shall provide a revised preliminary plat that includes a minimum 10-foot-wide sidewalk
easement for pedestrian access along the front lot line adjacent to the right of way at North Meridian
Road that will remain in perpetuity prior to the City Clerk signing the final plat.
11. The applicant shall submit a revised final plat that includes a 20-foot-wide utility easement over Lot 2
that allows Lot 1 perpetual access to the existing gravity irrigation line and proposed Pressurized
Irrigation Pump Station facilities shown on the plan prior to the City Clerk signing the final plat.
Page 17 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\01-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf.docx
12. The proposed driveway for Lot 2 lot shall be located, designed, and constructed in compliance with
ACHD regulations.
13. The applicant shall demonstrate that storm water from individual lots is handled by a storm drainage
facility or shall place a note on the final plat stating that all storm water from the individual lots is to
be retained on the individual lots prior to the City Clerk signing the final plat.
,
to inst..11.,tion The r ed preliminary plat shall be p .ided and the streetlight shall be installed
cv-In.TCccIIi[CIviL:Z'i[G-'ce'�Z`� cxxaT�.crvvTxxsxx�oaxaxfv a...a..........
pFier-to the City Clerks g the final plat
15. Any utilities serving the site shall be located underground. (ECC 9-4-1-8)
16. The applicant is to provide a copy of the CC&R's to the City prior to the signing of the final plat.
17. The applicant shall provide a revised preliminary plat and landscape plan that includes the addition of
a lot with, 35 f et wide landscaped buffe eaieomm n l t 35-foot wide landscape
easement located adjacent to North Meridian Road that grants perpetual access from Lot 1 over Lot 2
and from Lot 2 over Lot 1 for maintenance as an alternate method of compliance to the buffer
requirements stated within Eagle City Code, Section 8-2A-7(J)(4)(a). The landscape
plan, which reflects the proposed improvements, shall be submitted for staff approval and prior to the
City Clerk signing the final plat.
18. A revised preliminary plat shall be submitted that shows and denotes the removal/relocation of the
existing vinyl fence that runs parallel to North Meridian Road where needed to allow for the inclusion
of a new sidewalk, landscape buffer(if required), and the new private driveway.
19. The applicant submitted a pressurized irrigation waiver stating that an alternative irrigation delivery
method (gravity irrigation)to the site already exists and will continue to be utilized. The pressurized
irrigation waiver request is hereby granted.
metheil-Egfavity-iffigatien-)-te-the-site-already-exists-and-will-eentinue-te-be-utilizedSheeld-the
complies with the requirements of Eagle City Code Section 9 4 1 9(C) to the City Engineer for
21. The applicant shall submit a revised plat and construction drawings reflecting the inclusion of a
sidewalk, sidewalk easement, and the removal/relocation of the existing fence, as required, for staff
and City Engineer review and approval,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
the plat prior to the City Engineer signing the final plat.
Page 18 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\Ol-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf docx
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to
the platted property. The developer may submit a letter in lieu of plans explaining why plans may
not be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service,prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed
on the street side of the home or shall have their sewer drainage system designed with a stub at
the house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific
criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final
plat. A copy of the construction drawing(s)shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to
the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will
be developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the
final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer
and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so
graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing
by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch(1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to
the City Engineer prior to the City Engineer signing the final plat.
Page 19 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\0l-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf docx
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 final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by
the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat.
16. An approval letter from the Star Fire District shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Star Fire District
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Star
Fire District prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow
rates shall be inspected in accordance with all agencies having jurisdiction, and shall be
verified in writing by the Eagle Fire Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Star Fire District
prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Page 20 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\Ol-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf docx
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or
other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing
the final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any
other area designated by the City Council or Eagle City Parks, Pathways, and Recreation
Development Commission for a path or walkway shall be approved in writing by the Eagle City
Parks and Pathways Development Commission prior to approval of the final plat by the City
Council.
21. Conservation, recreation and river access easements (if applicable) shall be approved by the staff
and the City Engineer and shall be shown on the final plat prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations(if applicable)prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the flood plain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall
be complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
Page 21 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\0I-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccfdocx
it
30. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council(ECC 9-6-5 (A)(2)).
After Council approval of the fmal plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing anyrequired
q P g
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The
financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified
check.
31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central
District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners,City Engineer,and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the fmal plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground) notifying the contractors to clean up daily, no loud music, and no dogs off
leash.
37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment
over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy
truck traffic routes shall maximize use of highways and major arterials while minimizing use of
smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all
sub-contractors and for monitoring compliance.
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT:
The Council voted 3 to 1 (Pike against) to deny CU-09-21, the conditional use permit for the waiver of
the installation of the required sidewalk in association with the Spartan Estates Subdivision.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-12-20/RZ-16-20) with regard to Eagle City Code Section 8-7-5(F) "Action by the Commission
and Council", and based upon the information provided concludes that the proposed rezone upon
annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
Page 22 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\01-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf docx
a. The requested zoning designation of R-E-DA (Residential-Estates with a development
agreement) is consistent with the Neighborhood Residential (with a Transition Overlay) and
Village Planning Area designations as shown on the Comprehensive Plan Land Use Map. The
project, as designed, is located on the eastern edge of the Neighborhood Residential and Village
Planning Area and is consistent with the desired transition of densities from the larger Estate
Residential (1 unit per 2 acres to 1 unit per 5 acres) zoning designation on the east side of North
Meridian Road.
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, as
needed,to serve the limited residential use allowed on this property under the proposed zone. The
existing residence within Lot 1 will retain use of the existing septic and domestic well. The
proposed residence within Lot 2 will utilize a new septic system and domestic water provided by
Suez Water.
c. The proposed R-E-DA (Residential-Estates with a development agreement) zoning district is
compatible with the R1 (Residential — Ada County designation) zone and land use to the north
since that area contains a single-family residential subdivision;
d. The proposed R-E-DA (Residential-Estates with a development agreement) zoning district is
compatible with the R-E-DA (Residential-Estates with a development agreement) zone and land
use to the south since that area contains one(1)single-family dwelling;
e. The proposed R-E-DA (Residential-Estates with a development agreement) zoning district is
compatible with the R-E-DA (Residential-Estates with a development agreement) zone and land
use to the east since that area contains a single-family residential subdivision. North Meridian
Road separates the subject property from the properties located to the east of the proposed
development;
f. The proposed R-E-DA (Residential-Estates with a development agreement) zoning district is
compatible with the RUT(Rural Urban—Ada County Designation)zone and land use to the west
since that area currently contains a single-family residential subdivision;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone;
2. The Council reviewed the particular facts and circumstances of this proposed combined preliminary
plat and final plat (PP/FP-01-20) and based upon the information provided concludes that the
proposed combined preliminary plat/final plat application is in accordance with the City of Eagle
Title 9(Subdivisions)because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the residential land use designation of this area shown within the
Comprehensive Plan because the property will be limited by the development agreement to
allow for a maximum of 2 lots within 4.69-acres (0.43 dwelling units per acre)with the smallest
lot being 2.25-acres. The subdivision aligns with the Neighborhood Residential and the Village
Planning Area designations within the Comprehensive Plan and the proposed R-E-D-A
(Residential-Estates with a development agreement) zoning designation which requires 1.8-acre
minimum lot sizes;
Page 23 of 25
K.\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\01-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf.docx
b. The subdivision will be served adequately by essential public facilities such as streets,police and
fire protection, schools,drainage structures,and refuse disposal; or that the persons or agencies
responsible for the establishment of the proposed use shall be able to provide adequately any
such services,as noted in the documentation provided from said agencies and as required as a
part of the conditions of approval. Lot 1 will be served by an existing domestic well and septic
system. Lot 2 will be developed to utilize a new septic system and domestic water provided by
Suez Water. The subject property will not require connection to public services for irrigation
water or sewer services.
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Ada County
Highway District and Eagle Sewer District as conditioned herein, there is adequate public
financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Council's and
attention have been adequately addressed by the applicant or will be conditions of approval as
set forth within the conditions of approval herein.
3. The Council reviewed the particular facts and circumstances of this proposed combined preliminary and
final plat (PP/FP-01-20) and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum
criteria to combine a preliminary and final plat),has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten(10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a floodplain,
hillside development or the like.
4. All required information for both preliminary and final plat is complete and in an acceptable
form;and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of the
Zoning Title of the City.
4. The Council has reviewed the particular facts and circumstances of this proposed conditional use permit
and, as stated in the "Council Decision Regarding the Conditional Use Permit" above, denied the
conditional use permit application upon determining that the City needs to continue pursuing a
contiguous sidewalk network along North Meridian Road and within the Village Planning Area and
that the costs associated with the construction of a sidewalk are to reside with the subdivider and not
become a burden of the general public.
Page 24 of 25
K:\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\01-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf.docx
DATED this 8th day of March 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Jaso e,Mayor
ttttttttttttttttt
AT EST: `it���Q. LE
..
& •• PTE•••*
OT. •
Tracy E. rn, Eagle City C3Qxk: # y S=
: US0 / a•
• `, S• Q :
* •....•
STAAv
Page 25 of 25
K.\Planning Dept\Eagle Applications\SUBS\2020\Spartan Estates\0I-Spartan Estates Sub-A-RZ-PPFP\03-Working Files\04-City Council\Spartan Estates Sub ccf.docx