Findings - CC - 2016 - RZ-01-07 MOD3 & OO-03-16 - Da Mod/Pp For C1 Subdivision/10-Lot/5.70 Acre/2440 N. Park LaneBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION AND PRELIMINARY
PLAT FOR C1 SUBDIVISION FOR DAVID
CALLISTER
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-01-07 MOD3 & PP -03-16
The above -entitled development agreement modification and preliminary plat applications came before the
Eagle City Council for their consideration on September 13, 2016, at which time public testimony was
taken. The Council requested a more detailed report in regard to the jointly shared pressurized irrigation
system. The Council continued the public hearing to September 27, 2016, at which time public testimony
was taken and the public hearing was closed. The Eagle City Council made their decision at that time. 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:
David Callister, represented by John Carpenter, P.E., with T -O Engineers, Inc., is requesting a
development agreement modification and preliminary plat approval for C1 Subdivision, a 10 -lot (9
buildable and 1 common) residential subdivision. The 5.70 -acre site is located on the east side of Park
Lane approximately 1,200 -feet south of Beacon Light Road at 2440 North Park Lane.
B. APPLICATION SUBMITTAL:
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 11, 2016. Notice of this public hearing was mailed to property owners within three -
hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on 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.
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 August 29,
2016. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet)
of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on May 25, 2016. The site was posted in accordance with the Eagle City Code on
August 30, 2016.
D. HISTORY OF PREVIOUS ACTIONS:
On June 26, 2007, the City Council approved an annexation, rezone with development agreement, and
preliminary plat for Adonai Subdivision. (A-0I-07/RZ-01-07 & PP -01-07)
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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.
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)
On June 27, 2011, the preliminary plat for Adonai Subdivision expired.
On May 10, 2016, the City Council approved a development agreement modification to remove the
termination article (Article 8.7) from the development agreement. (RZ-01-07 MOD2)
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site — 5.70
Total Number of Lots — 10
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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 of 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)
R1 (Residential — Ada
Single-family residential
West of site
Residential Two
County designation)
(Ripcord Ranch
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site — 5.70
Total Number of Lots — 10
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Total Number of Units - 9
Residential - 9
Commercial - 0
Industrial - 0
Common - 1
Single-family - 9
Duplex - 0
Multi -family - 0
Total Acreage of Any Out -Parcels — 0
ADDITIONAL SITE DATA
PROPOSED
REQUIRED
Dwelling Units Per Gross Acre
1.6 -dwelling units per acre
1.8 -dwelling units per acre as
limited within the development
agreement
Minimum Lot Size
17,065 -square feet
17,000 -square feet(minimum)
Minimum Lot Width
95 -feet
75 -feet (minimum)
Minimum Street Frontage
35 -feet
35 -feet (minimum)
Total Acreage of Common Area
1.23 -acres
1.026 -acres (minimum)
Percent of Site as Common Area
21.57%
18%
GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The-westem property line is located adjacent to North Park -Lane which is classified as a collector.
Pursuant to Eagle City Code, Section 8-2A-7(J)(4)(a) a thirty-five foot (35') wide buffer area with
a five to eight foot (5' to 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.
Open Space:
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 corner of the site. No amenities are proposed on
the open space lot.
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&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.
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Utility and Drainage Easements, and Underground Utilities:
The applicant is proposing 12 -foot easements along public right of ways and the subdivision
boundary, 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.
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.
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.
STREET DESIGN:
Private or Public Streets:
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 (2') 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): None proposed
Blocks Less Than 500': None
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.
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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 PEDESTRIANBICYCLE 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.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
L. PUBLIC USES PROPOSED: None proposed
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — no
Riparian Vegetation — 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 to the 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 County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Republic Services
Tesoro Logistics
West Ada School District
Q. LETTERS FROM THE PUBLIC: None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
4.3
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
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 1 acre.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• 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 F 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 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 an urban or rural collector on the transportation and pathway
network plan 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
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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 (P) 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.
• Eagle City Code Section 8-10-1(G): Modification of Development Agreement:
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.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-4-1-6 (F): Sidewalk Design
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 landscape strip shall be completed
with sod, automatic irrigation, and planted with three inch (3") minimum caliper shade
class trees along all streets within the subdivision. Installation of landscaping shall be in
accordance with section 8-2A-7 of this code. The area within the eight foot (8') wide
landscape strip may be counted toward the minimum required common area open space.
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.
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E, DISCUSSION:
The applicant is proposing nine (9) buildable lots. The concept plat associated with the
executed development agreement (instrument #109089345) only identifies eight (8) lots.
Condition of Development #3.2 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
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 1 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 #3.9 of the executed development agreement (instrument
#109089345) states, "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 to connect the pressurized irrigation system into the
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. To
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 a
formalized agreement for a Joint Water Association system. The operation and maintenance
manual, and Joint Water Association Agreement should be submitted with the final plat
application.
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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.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF 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.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
1, 2016, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by three (3) individuals who indicated:
• The lots should be a minimum of one (1) acre in size.
• The applicant should be required to design the subdivision to provide a transition of lot sizes to the
adjacent properties.
• The density of the proposed subdivision is too high.
COMMISSION DELIBERATION: (Granicus time 35:30)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The property is currently zoned R-2 (Residential), the proposed density and lot sizes are in
conformance with the comprehensive plan and the zoning ordinance.
• The proposed density of the subdivision is in conformance with the executed development agreement.
COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT
MODIFICATION:
The Commission voted 3 to 0 (Wright and Guerber absent) to recommend approval of RZ-01-07 MOD3
for a development agreement modification for David Callister, with the conditions of development to be
placed in an Amended and Restated Development Agreement as provided within their findings of fact and
conclusions of law document dated August 15, 2016.
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 site specific conditions of
approval and standard conditions of approval as provided within their findings of fact and conclusions of
law document dated August 15, 2016.
PUBLIC HEARING OF THE COUNCIL:
A. The above -entitled development agreement modification and preliminary plat applications came before
the Eagle City Council for their consideration on September 13, 2016, at which time public testimony
was taken. The Council requested a more detailed report in regard to the jointly shared pressurized
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irrigation system. The Council continued the public hearing to September 27, 2016, at which time
public testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the application was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by three (3)
individuals who indicated the following concerns:
• The applicant should be required to design the subdivision to provide a transition of lot sizes to the
adjacent properties.
• The density of the proposed subdivision is too high.
• Emergency vehicle access may be difficult based on the one (1) access point provided through
Lockey Subdivision.
• The developer is proposing an additional buildable lot instead of creating a common lot to contain
an irrigation pond for an independent pressurized irrigation system.
D. Oral testimony neither in favor of nor in opposition to was presented by seven (7) individuals who
reside within Lockey Subdivision who indicated the following concerns:
• The residents of Lockey Subdivision have not been included in the discussions regarding
combining the pressurized irrigation system.
• If the pressurized irrigation systems are combined it may have a long term effect on the residents
in regard to availability of water and fiscal management of the system.
• The existing homeowners are already experiencing a shortage of pressurized irrigation water and
the subdivision has not reached buildout to date.
• Connecting another subdivision to the existing pressurized irrigation system will create an undue
hardship on the existing infrastructure.
• The size of the pressurized irrigation pond located within Lockey Subdivision was not designed to
with sufficient capacity for additional lots located outside of Lockey Subdivision.
• They are not opposed to the subject subdivision, however, the applicant should be required to
construct an independent pressurized irrigation system to serve the proposed development.
• The Council should continue the application until a decision is reached in regard to whether or not
the pressurized irrigation system will be combined with the Lockey Subdivision system or an
independent system is constructed.
• The pressurized irrigation system located within Lockey Subdivision belongs to the homeowners
association, therefore, it is an asset of the subdivision that is being pledged without the consent of
the homeowners.
• If the system is combined it would be a violation of the third party rights of the mortgagees
residing within Lockey Subdivision because the system is owned by the homeowners association.
COUNCIL DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION:
The Council voted 4 to 0 to approve RZ-01-07 MODS for a development agreement modification for
David Callister, with the following Planning and Zoning Commission conditions of development to be
placed in an Amended and Restated Development Agreement:
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, the applicant will submit such applications regarding design
review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any
other applicable applications as may be required by the Eagle City Code, which shall comply with
the Eagle City Code, as it exists at the time such applications are made except as otherwise provided
within this Agreement.
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3.2 The density for the property shall not exceed 1.8 dwelling units per acre.
3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur or be required. 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 conditions, covenants, and restrictions for the Property shall contain at least the following:
(a) Provide that the association for Cl Subdivision shall have the duty to maintain and operate the
pressurized irrigation system for C1 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 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.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP -03-16 for a preliminary plat for C1 Subdivision for David
Callister, 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:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. 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. (9-4-1-6[F][3])
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
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
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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 the development will be required through project completion.
6. 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.
8. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation 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
and trees in perpetuity.
9. 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 shall also
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[D][4])
11. In the event the applicant does not reach an agreement in regard to sharing a pressurized irrigation
system with Lockey Subdivision (Joint Water Association), the applicant shall provide a revised
preliminary plat showing one 1) buildable lot removed to allow for construction of an onsite
pressurized irrigation� pond. The revised preliminaryplat shall be provided prior to the submittal of a
final plat application.
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.
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.
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6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
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.
IL . 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.
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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.
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 requirements, and any other items of concern as may be determined by the Star Fire
Department officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
6. 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.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathway
Development Commission prior to approval of the final plat by the City Council.
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20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
Parks and Pathways Development Commission and shall be shown on the final plat prior to
approval of the final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
3 i . 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.
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32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed development agreement
modification (RZ-01-07 M0133) 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-1
(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. -die been developed with a subdivision with similar density;
e. . The -proposed R -2 -DA (Residential with a development agreement) is compatible with the R1
(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/development agreement
modification.
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2. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP -03-
16) and based upon the information provided concludes that the proposed preliminary plat 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 with a development agreement).
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
herein;
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not change the essential character of the same area and because this site will be designed in
accordance with the requirements of the proposed development agreement modification, standards
of Eagle City Code and the Eagle Architecture and Site Design book (EASD);
d. 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 hydrants will be provided where required;
e. 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 subject to the conditions herein;
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 lots 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 Council's attention
have been adequately addressed by the applicant or will be conditions of the preliminary plat and
subsequent final plat approval as set forth within the conditions of approval herein.
DATED this l 11h day of October, 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ad unty, Idaho r
Stan Ridgeway, Mayor U u •••��.►OF
ATTEST:fm
* �•4
SEAL =
000
Sharon K. Bergmann, Eagle Ci Clerk �•. v'j►�'ti4P %a�` ••'
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