Findings - PZ - 2016 - RZ-08-16 & PP-06-16 - Senora Creek Subdivision No. 3BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A REZONE AND PRELIMINARY PLAT
FOR SENORA CREEK SUBDIVISION NO.3
FOR SCHULTZ DEVELOPMENT, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-08-16 & PP -06-16
The above -entitled rezone and preliminary plat applications came before the Eagle Planning and Zoning
Commission for their recommendation on October 17, 2016, at which time public testimony was taken and
the public hearing was closed. The Eagle Planning and Zoning Commission having heard and taken oral
and written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Matt Schultz with Schultz Development, LLC, is requesting a rezone from A -R (Agricultural -
Residential) to R -3 -DA (Residential with a development agreement) and preliminary plat approval
for Senora Creek Subdivision No. 3, a 16 -lot (12 buildable, 4 common) (re -subdivision of Lot 12,
Block 10, Senora Creek Subdivision No. 2) residential subdivision. The 4.72 -acre site is located
within Senora Creek Subdivision (Lot 12, Block 10) on the west side of North Park Lane,
approximately 1,300 -feet south of the intersection of North Park Lane and West FIoating Feather
Road at 725 North Park Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM, on Wednesday, June 23, 2016,
in compliance with the application submittal requirement of Eagle City Code. The applications for
this item were received by the City of Eagle on July 28, 2016. A revised preliminary plat and
narrative were received by the city on September 9, 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 September 19, 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 September 14, 2016. Requests for
agencies' reviews were transmitted on August 4, 2016, in accordance with the requirements of the
Eagle City Code. Revision of the preliminary plat was transmitted on September 9, 2016. The site
was posted in accordance with the Eagle City Code on October 6, 2016-
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 28, 2005, the Eagle City Council approved an annexation and rezone application and a
preliminary plat application for Eagle Creek Subdivision (A-2-05/RZ4-05/PP4-05).
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On August 9, 2005, the Eagle City Council approved a design review application for the common
area landscaping and clubhouse within Eagle Creek Subdivision (DR -24-05).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site — 4.72 -acres
Total Number of Lots -- 16
Total Number of Units —12
Residential — 12
Commercial -- 0
Industrial — 0
Common -4
Single-family — 12
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — none
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Residential Three
A -R (Agricultural -Residential)
Single Family
Residence/Pasture
Proposed
Residential Three
R -3 -DA (Residential with a
Residential Subdivision
development agreement)
North of site
Residential Three
R -E (Residential -Estates)
Single Family
Residence/Pasture
South of site
Residential Three
R-3(Residential)
Single Family Residential
(Senora Creek Subdivision
No. 2)
East of site
Public/Semi-Public
PS (Public/Semipublic)
Eagle High School
West of site
Residential Three
R-3 (Residential)
Single Family Residential
(Senora Creek Subdivision
No. 2)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site — 4.72 -acres
Total Number of Lots -- 16
Total Number of Units —12
Residential — 12
Commercial -- 0
Industrial — 0
Common -4
Single-family — 12
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — none
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ADDITIONAL SITE DATA
PROPOSED
REQUIRED
Dwelling Units Per Gross Acre
2.54 -units per acre
2.54 -units per acre maximum
as limited within the
development agreement
Minimum Lot Size
10,882 -square feet
10,000 -square feet
Minimum Lot Width
75 -feet
75 -feet
Minimum Street Frontage
75 -feet
35 -feet
Total Acreage of Common Area
0.69 -acres
0.8496 -acres (minimum)
Percent of Site as Common Area
14.6%*
18% (minimum)*
*The commission is recommending applicant provides approval for the proposed lots to be a part of utilize the
open space of Eagle Creek Homeowners Association (Site Specific Condition of Approval #12) which would
increase the overall common area within the Eagle Creek neighborhood to 19.1 %n.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The eastern property line is located adjacent to North Park Lane, which is classified as a collector.
Pursuant to Eagle City Code, Section 8-2A-7(7)(4), 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 shall be provided within this buffer area.
Open Space:
A total of 0.69 -acres of open space is proposed within the residential subdivision. The common
areas are proposed to contain the required buffer area located adjacent to North Park Lane, eight -
foot (8') wide planter strips adjacent to North Prickly Pear Drive and North Nolina Avenue and
landscaping located along North Nolina Avenue.
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. In addition, 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 either all runoff runs 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:
The preliminary plat, date stamped by the City September 9, 2016, shows twelve -foot wide (12')
easements along the north and east proposed subdivision boundary lines, six-foot wide (6')
easements along the south and west proposed subdivision boundary lines, six-foot (6') easements
along proposed interior lot lines, and twenty -foot wide (20') easements along North Prickly Pear
Drive. Eagle City Code section 9-3-6 requires utility easements to be not less than I2 -feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
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On-site Septic System (yes or no) — no
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Preservation of Existing Natural Features:
There are several mature trees located on the proposed site. The applicant is proposing to retain
"most" trees. The applicant is proposing to relocate or mitigate for the trees that will not be
retained.
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.
J. STREET DESIGN:
Private or Public Streets: Public
The preliminary plat, date stamped by the city on September 9, 2015, shows two (2) street sections
associated with the proposed development. The street sections associated with North Prickly Pear
Drive and North Nolina Avenue show a 40 -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 3.5 -foot
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. The street section associated with North Park Lane shows an expansion of the west lane to
22.5 -feet in width (measured from centerline to back of curb), an expansion of the right of way to
35 -feet in width from the centerline to the western edge of the sidewalk, an eight -foot (8') swale,
and a five-foot (5') detached sidewalk.
Applicant's Justification for Private Streets (if proposed): none proposed
Blocks Less Than 500': None
Cul-de-sac Design: None proposed
Sidewalks:
Five-foot (5') wide detached sidewalks with eight -foot (8') wide planter strips are proposed to be
located on each side of the street.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
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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
FIoodplain - no
Mature Trees - yes, located in proximity to the existing residence
Riparian Vegetation - no
Steep SIopes - 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 October 3, 2016 are of special
concern (attached to the staff report)
Ada County Highway District
BaIlentyne Ditch, LLC
Central District Health Department
Eagle Fire Department
Idaho Department of Environment Quality
Republic Services
Tesoro Logistics
West Ada School District
Q. LETTERS FROM THE PUBLIC:
Email correspondence received from Jeff Raynor, dated August 8, 2016
Email correspondence received from Brandon Lowe, dated August 8, 2016
Email correspondence received from Kelli Rich, dated August 8, 2016
Email correspondence received from Joseph Taormina, dated August 8, 2016
Email correspondence received from Doug Thorpe, dated August 8, 2016
Email correspondence received from Nicole Carter, dated August 9, 2016
Email correspondence received from Carolyn Foltz, dated August 9, 2016
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Email correspondence received from David Latzke, dated August 9, 2016
Email correspondence received from George Pafundi, dated August 9, 2016
Email correspondence received from Kris Hirt, dated August 10, 20I6
Email correspondence received from Jeff Brewer, dated August 11, 2016
Email correspondence received from John Viehweg, dated August H, 2016
Email correspondence received from Gerald Tolman, dated August 12, 2016
Email correspondence received from Tony Montano, dated August 12, 2016
Email correspondence received from Lance Whipple, dated August 13, 2016
Email correspondence received from Gina Morello, dated August 19, 2016
Email correspondence received from Jeremy Loughry, dated August 19, 2016
Email correspondence received from Joe Dumais, dated September 8, 2016
Email correspondence received from Micah Johnson, dated September 20, 2016
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
4.2.4 Schools Implementation Strategies
E. Work with the school district, ACHD and developers to establish access options for Eagle
Schools via pathways and/or streets.
G. Encourage High Schools to reduce traffic impacts by providing limited/reduced student
parking, developing alternative transportation, and/or establishing closed campuses.
M. Encourage land use development to reduce street hazards by developing access to elementary
and secondary schools on local streets and/or pathways.
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Residential Three
Suitable primarily for single family residential development within an urbanized setting. An
allowable density of up to 3 units per 1 acre.
6.8.1 Parr Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community commercial,
professional office, and a variety of residential densities. The vision for the area is to recognize the
activity center created by Eagle High School and existing development approved by Ada County
and to provide compatible land uses at densities that accommodate pedestrian scale design and
future mass transit.
A. Uses
The land use and development policies specific to the Park Lane Planning Area include the
following:
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6. The area located on the northwest corner of State Highway 44 and Park Lane is designated
Mixed Use for the southern 17 -acres, transitioning to residential, 3 units per acre for the
northern portion of the property. The transition area between the mixed use and the
residential area shall be reviewed and conditioned by the City through the use of a
development agreement at the time of rezone.
C. Access
1. Access to and through should be limited to existing roads (Old Valley Road, Park Lane and
Linder Road); no direct access from State Street/ Highway 44 shall be permitted unless a
new access point is designated by the State of Idaho for Eagle Island State Park.
Ii. 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:
~ ll Minimum
Lot Area
Maximum Lot (Acres Or Minimum
Zoning Maximum I Interior Street Covered F And Square Feet) Lot
District Height Front Rear Side Side 3* H* Width I*
R-3 35' 30' 25' 7.5' 20' 40% 10,000 75'
i
• Eagle City Code Section 8-2A-7 (.1)(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 Iine 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/omamental 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
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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 (C): Form of Development Agreement:
A development agreement shall be in the form required by the zoning administrator. No
agreement shall be accepted by the zoning administrator which does not include the following:
1. An affidavit by the owner of the parcel agreeing to submit the parcel to a development
agreement.
2. The specific use or uses of the parcel for which the development agreement is sought.
3. The allowed or conditional use in the conditional zone for which application has been
made.
4. A concept plan of the project to be developed on the parcel. The concept plan shall
include:
a. A description of the density allowed or sought; and
b. Maximum height, size, and location of any structures on the property.
5. The time required to begin the use on the property.
6. A statement by the owner of the parcel that failure to comply with the commitments in the
development agreement shall be deemed consent to rezone the use to the preexisting zone
or, in the case of an initial zone at annexation, a zone deemed appropriate by the council.
7. Any other matter mutually agreeable to the parties. (Ord. 194, I2-10-1991)
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-3-2(B): Minor Streets
Minor streets shall be so arranged as to discourage their use by through traffic.
• Eagle City Code Section 9-3-8(D): Common Area Open Space
The minimum percentage of the gross area that must be set aside for common area open space
in new subdivisions shall be as follows:
Zoning District Open Space
R-2 18 percent
R-3 18 percent
R4 18 percent
R-5 --- - _ .. -- 18 percent
MU (with residential uses) 18 percent
1. Active Open Space: A minimum of fifteen percent (15%) of the common area open space
shall be developed as active open space, as defined in section 9-1-6 of this title.
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2. Compliance: All common area open space shall be evaluated for its compliance with the
following:
a. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting: Visual focal points, use of existing physical features such as topography, view,
sun and wind orientation, circulation pattern, physical environment.
3. Direct Access: A minimum of thirty percent (30%) of all lots shall be designed to be
adjacent to, or at a minimum, have direct access to common area open space. The term
"direct access" means all building lots are to be located a maximum of two hundred fifty
feet (250') away from a pathway connecting to a common area open space lot. Building lots
separated from a common area open space lot by a local roadway shall be deemed to have
achieved direct access. The required planter strip located between the sidewalk and the
street will not be permitted to fulfill this requirement.
4. Ownership And Management Of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open space
who is responsible for maintaining the open space and facilities located thereon. If a
homeowners' association is the owner, membership in the association shall be mandatory
and automatic for all homeowners of the subdivision and their successors. If a
homeowners' association is the owner, the homeowners' association shall have lien
authority to ensure the collection of dues from all members. The responsibility for
maintaining the open space and any facilities located thereon shall be borne by the
owner.
b. Management PIan: Applicant shall submit a plan for management of open space and
common facilities (plan) that:
(1) Allocates responsibility and guidelines for the maintenance and operation of the
open space and any facilities Iocated thereon, including provisions for ongoing
maintenance and for long term capital improvements;
(2) Estimates the costs and staffing requirements needed for maintenance and operation
of, and insurance for, the open space and outlines the means by which such funding
will be obtained or provided;
(3) Provides that any changes to the plan be approved by the city council; and
(4) Provides for enforcement of the plan.
c. Temporary Maintenance By City; Corrective Action: In the event the party responsible
for maintenance of the open space fails to maintain all or any portion in reasonable order
and condition, the city of Eagle may assume temporary responsibility for its
maintenance and may enter the premises and take corrective action, including the
provision of extended maintenance. The costs of such maintenance shall be charged to
the owner, homeowners' association, or to the individual property owners that make up
the homeowners' association, and may include administrative costs and penalties. Such
costs shall become a lien on all subdivision properties. The exercise by the city of Eagle
of its right to assume temporary maintenance responsibility to take corrective action
shall not relieve the property owner of their maintenance responsibility nor should it be
construed as the city assuming permanent responsibility for such maintenance. (Ord.
566,5-15-2007)
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0 Eagle City Code Section 9-4-1-9(C): Pressurized Irrigation Facilities:
1. All residential dwelling units shall be provided with a pressurized irrigation system to be
served with irrigation water unless a waiver, as outlined herein, is approved by the city
council.
The city has adopted supplemental standards and regulations (titled "Pressure Irrigation
Standards", incorporated herein by reference and available at Eagle city hall) pertaining to
the design, construction and maintenance of pressurized irrigation systems. Plans and
documents reflecting the required standards and regulations shall be submitted with the
application for a preliminary plat.
The following design requirements and the requirements provided within the supplemental
"Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These
standards shall supplement all other regulations, and where at variance with other laws,
regulations, ordinances or resolutions, the more restrictive requirements shall apply. The
council may determine that revisions to the supplemental standards are warranted and make
such revisions by act of a resolution.
a. The pressurized irrigation system may have a backup connection to a potable water
system with the approval of the city, city engineer, and the potable water purveyor, and
the installation of a state approved reduced pressure backflow prevention assembly or an
air gap separating the irrigation system and the potable water system. The operation,
maintenance, associated costs, and annual inspection of the backup connection and the
backup system's reduced pressure backflow prevention assembly shall be the
responsibility of the entities as determined in "Pressure Irrigation Standards" of this
section. Individual backup connections to individual Iots by individual lot owners shall
be prohibited with the exception of the common area lots owned and maintained by the
homeowners' association.
b. The pressurized irrigation system shall be designed by a licensed professional engineer
registered in the state of Idaho, and the construction plans for the system shall be
reviewed and approved by the city engineer.
2. The requirement for installation of a pressurized irrigation system may be waived by the
city council when the applicant has established that any of the following situations exist
(the sale or transfer of an existing water right shall not be grounds for requesting a waiver
pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the property. The lack
of surface irrigation water right shall be documented in writing by the appropriate
irrigation district or canal company and the department of water resources and shall be
submitted with the subdivision preliminary plat. In this case a waiver shall only be
granted for that portion of the subdivision that cannot be served.
b. Where an existing surface water right cannot be delivered to the property by an
irrigation district or canal company due to current delivery capacity or scheduling. In
these situations the city council may still require the installation of the pressure irrigation
system, provided water rights can be made available to the property and delivery system
modifications can be made so irrigation water can be supplied within two (2) years.
c. Where the applicant has provided for another means of delivery such as flood irrigation,
if approved by the city engineer. The applicant shall present the proposed alternative
delivery system to the city engineer at the time the waiver is requested.
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d. That due to the specific circumstances surrounding a new subdivision, the cost of
obtaining water rights, reestablishing water rights or developing the system would
impose an undue economic hardship on the developer. For purposes of this section, an
undue economic hardship shall consist of a showing that the cost per Iot to develop the
pressurized irrigation system would be twenty five percent (25%) higher than the cost
per lot for providing a pressurized irrigation system to subdivisions of similar size and
density constructed in the city within the previous two (2) years; or the cost per lot of the
pressurized irrigation system would exceed five percent (5%) of the expected per lot
market value of the subdivision.
The developer shall bear the burden of providing documentation, acceptable to the city
engineer and city council, demonstrating and supporting the estimated costs of
construction of the pressurized irrigation system, and the cost per lot for irrigation
systems in those subdivisions built in the last two (2) years as noted above, and the
expected market value of the subdivision lots. For phased developments, costs will be
analyzed over all phases of the development rather than the first phase only.
3. Should installation of a pressurized irrigation system be waived by the city engineer, as
outlined herein, compliance to Idaho Code 31-3805 is still required.
4. Requests for waivers shall be submitted to the city with the preliminary plat application and
shall be accompanied by an irrigation report, prepared by a licensed Idaho registered
professional engineer, stating the location and availability of surface irrigation water and
documenting the basis for the waiver request. If applicable, the irrigation report shall be
accompanied by a letter from the irrigation district or canal company stating that water
rights and/or a delivery system are not available to the property. (Ord. 566, 5-15-2007)
D. DISCUSSION:
The preliminary plat, date stamped by the city on September 9, 2016, shows 0.69 -acres of
open space (14.6% of the overall site). Eagle City Code Section 9-3-8(D) requires a minimum
of 18% open space in the R-3 zone. The applicant is proposing to utilize the open space of the
existing Eagle Creek neighborhood (Senora Creek No. 1, Senora Creek No. 2, and Kathleen
Estates). As this is a re -subdivision of a buildable portion of Senora Creek Subdivision No. 2,
the proposed subdivision would increase the overall open space of the Eagle Creek
neighborhood. If the proposed Iots were to become a part of the Eagle Creek Homeowner's
Association, the total open space for the area would be 11.94 -acres (19.1%). The applicant
should be required to provide approval from the Eagle Creek Homeowner's Association for
the proposed lots to be a part of the Eagle Creek Homeowner's Association or provide a
revised preliminary plat showing at Ieast 18% of the site as open space prior to the submittal of
a design review application.
The applicant is proposing to extend the pressurized irrigation system owned by the Eagle
Creek Homeowner's Association into the proposed subdivision. The applicant should be
required to provide approval from the Eagle Creek Homeowner's Association for the proposed
lots to be a part of the Eagle Creek Homeowner's Association, provide an executed
Pressurized Irrigation Operation and Maintenance Agreement between Eagle Creek
Homeowner's Association and Senora Creek Subdivision No. 3, or provide a revised
preliminary plat showing an independently operated pressurized irrigation system for Senora
Creek Subdivision No. 3 prior to submittal of a design review application.
• The preliminary plat, date stamped by the city on September 9, 2016, shows North Prickly
Pear Drive to connect from the stub of West Prickly Pear Drive Iocated within Senora Creek
Subdivision No. 2 to North Park Lane. In the context of the proposed subdivision, this would
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be a minor street that is not designed to discourage cut -through traffic. Currently the only
access point to North Park Lane from the Eagle Creek area is West Cardon Street. It is staff's
opinion that in the context of the Eagle Creek area, a second access point to North Park Lane
would disperse through traffic.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested rezone
and preliminary plat with site specific conditions of approval and standard conditions of approval 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 October
17, 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
seven (7) individuals (not including the applicant/ representative) who indicated:
• The individuals felt that the proposed design would improve traffic conditions on West Cardon
Street.
• The proposed development would improve the aesthetics of the site.
• The number of curves and location of restaurants in proximity to the proposed development would
deter cut -through traffic from Eagle High School.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by seven (7) individuals who indicated:
• The proposed design will cause traffic problems similar to those experienced on West Cardon
Street.
• The proposed design will lead to problems for vehicles attempting to cross North Park Lane.
• The proposed subdivision will lead to increased congestion at the intersection of North Park Lane
and State Highway 44.
• The proposed subdivision will lead to increased congestion in the shared common areas.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning &
Zoning Commission by one (1) individual. The individual felt that the proposed design would lead to
cut -through traffic in the northern portion of the subdivision, that the intersection of North Park Lane
and State Highway 44 needs to be widened, and that the proposed subdivision should be allowed to
join the existing Eagle Creek Homeowners Association.
COMMISSION DELIBERATION: (Granicus time 1:43:42)
Upon closing the public hearing, the Commission discussed during deliberation that:
The commission was understanding of both sides of the traffic issues.
The commission felt that it was most appropriate to follow the advice of planning staff from the City of
Eagle and ACHD.
Traffic calming measures would not be detrimental to the proposed development.
COMMISSIONS DECISION REGARDING THE REZONE:
The Commission voted 3 to 0 (Smith and Guerber absent) to recommend approval of RZ-08-16 (Concept
Plan/Exhibit "B") for a rezone for Senora Creek Subdivision No. 3 for Schultz Development, LLC with
the following staff recommended conditions of development to be placed in a Development Agreement:
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3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, 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 within this Agreement.
3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing
shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be
required by the City.
3.3 The maximum density for the Property shall be 2.54 units per acre (twelve (12) single-family lots).
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Smith and Guerber absent) to recommend approval PP -06-16 (Exhibit
"A") for a preliminary plat for Senora Creek Subdivision No. 3 for Schultz Development, LLC with the
following staff recommended site specific conditions of approval and standard conditions of approval with
underline text to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-08-16.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City 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. Add a note to the final plat which states, "Minimum building setback lines shall be in accordance
with the applicable zoning and subdivision regulations at the time of issuance of a building
permit" prior to the City Clerk signing the final plat.
All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review
Board's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
6. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) and sod 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 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
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through project completion. (ECC 8 -2A -7[E] and ECC 8-2A-18)
7. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public right-of-way abutting and within this site prior to approval of a final plat. (ECC
9-4-I-2)
8. The Senora Creek Subdivision No. 3 shall remain under the control of one Homeowners
Association. (ECC 9-3-8[D][4])
9. 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.
10. 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. (ECC 9-4-1-9[C][1])
11. The applicant shall provide approval from the Eagle Creek Homeowner's Association for the
proposed lots to be a part of the Eagle Creek Homeowner's Association, provide an executed
Pressurized Irrigation Operation and Maintenance Agreement between Eagle Creek Homeowner's
Association and Senora Creek Subdivision No. 3, or provide a revised preliminary plat showing an
independently operated pressurized irrigation system for Senora Creek Subdivision No. 3 prior to
submittal of a final plat application.
12. The applicant shall provide approval from the Eagle Creek Homeowner's Association for the
proposed lots to be a part of the Eagle Creek Homeowner's Association or provide a revised
preliminary plat showing at least 18% of the site as open space prior to the submittal of a final plat
application.
13. The applicant shall orovide a revised preliminga plat showing traffic calming devices that are in
conformance with the Ada County Highway District Policy Manual Section 7207.3.7 along the
portion of West Prickly Pear Drive located within the proposed subdivision prior to submittal of a
design review 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.
1. 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.
2. 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 Ietter in lieu of plans explaining why plans may not
be necessary.
3. Idaho Department of Health & Welfare 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).
4. 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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5. 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.
6. 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.
7, 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 inigation 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 94-1-9(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.
8. The applicant shall submit a Ietter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
9. 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&Rs 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.
1U. 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.
11, 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.
12_ Street light plans shall be submitted and approved as to the location, height and wattage to the City
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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, or
homeowner'slbusiness owner's association, whichever the case may be.
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.
13. 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.
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 Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
C. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street fights 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.
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18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required Iandscaping, 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 Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer 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 Iegal 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.
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30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
34. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-08-16)
with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council," and based
upon the information provided concludes that the proposed rezone is in accordance with the City of
Eagle Comprehensive PIan and established goals and objectives because:
a. The zoning designation of R -3 -DA (Residential with a development agreement) is in accordance
with the Residential Three designation 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 indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed R -3 -DA (Residential with a development agreement) zone is compatible with the R-
E (Residential Estate) zone and Iand use to the north since that area has the same Comprehensive
Plan designation as this site and may be developed in a similar manner;
d. The proposed R -3 -DA (Residential with a development agreement) zone is compatible with the R-
3 (Residential with a development agreement) zone and land use to the south since that area has
the same Comprehensive Plan designation as this site and is similar to the proposed development;
e. The proposed R -3 -DA (Residential with a development agreement) zone is compatible with the PS
(Public/Semi-public) zone and land use to the east since the site is buffered by North Park Lane;
f. The proposed R -3 -DA (Residential with a development agreement) zone is compatible with the R-
3 (Residential) zone and land use to the west since that area has the same Comprehensive Plan
designation as this site and is similar to the proposed development;
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.
2. The Commission 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
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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 -3 -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 Residential Three and provides the required improvements for a subdivision or as may be
conditioned herein;
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;
f. While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual 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;
1. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the preliminary
plat and subsequent final plat approval as set forth within the conditions of approval herein.
DATED this Th day of November, 2016.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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.t OF Eq ,
.•••'•"••,C�
Trent Wright, Chairman
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ATTEST:
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Sharon K. Bergmann, Eagle ity Clerk
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