Findings - PZ - 2018 - RZ-06-17 & PP-07-17 - Rezone And Preliminary Plat For Senora Creek Subd 4BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A REZONE WITH DEVELOPMENT
AGREEMENT AND PRELIMINARY PLAT
FOR SENORA CREEK SUBDIVISION NO. 4
FOR MICHAEL STEPHENSON
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-06-17 & PP -07-17
The above -entitled rezone with development agreement and preliminary plat applications came before the
Eagle Planning and Zoning Commission for their consideration on February 5, 2018, at which time public
testimony was taken and the public hearing was closed. The Planning and Zoning Commission directed the
applicant to come back to the Planning and Zoning Commission upon completion of voting (by the Senora
Creek Homeowners Association) to annex the property into the Senora Creek Homeowners Association.
The Planning and Zoning Commission continued the public hearing to April 16, 2018. The applicant
provided the voting results of the Senora Creek Homeowners Association on April 12, 2018. The above -
entitled rezone with development agreement applications came back before the Planning and Zoning
Commission for their recommendation on April 16, 2018. 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:
Michael Stephenson, represented by Matt Schultz, is requesting a rezone with a development
agreement from R -E (Residential -Estates) to R -3 -DA (Residential with a development agreement)
and preliminary plat approval for Senora Creek Subdivision No. 4, a 9 -lot (6 residential, 3
common) residential subdivision. The 2.64 -acre site is located on the west side of North Park
Lane, approximately 1,025 -feet south of the intersection of North Park Lane and West Floating
Feather Road at 889 North Park Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM, on Tuesday, October 17, 2017,
in compliance with the application submittal requirement of Eagle City Code. The applications for
this item were received by the City of Eagle on November 16, 2017. A revised preliminary plat
was received by the City of Eagle on December 7, 2017.
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 January 9, 2018. 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 January 4, 2018. Requests for agencies'
reviews were transmitted on November 22, 2017, in accordance with the requirements of the Eagle
City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 7, 2015, the City of Eagle approved a lot line adjustment on the property (LLA -06-14).
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On November 14, 2017, the City of Eagle approved a lot line adjustment on the property (LLA -
16 -17).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of
site
South of
site
East of site
West of site
COMP PLAN ZONING DESIGNATION
DESIGNATION
Neighborhood R -E (Residential -Estates)
Residential
No Change R -3 -DA (Residential with a
development agreement)
Neighborhood R -E (Residential -Estates)
Residential
Neighborhood
Residential
R -3 -DA (Residential with a
development agreement)
Neighborhood R -E (Residential -Estates)
Residential
Neighborhood
Residential
R -2 -DA (Residential with a
development agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not located
DSDA.
H. SITE DATA:
Total Acreage of Site - 2.64 -acres
Total Number of Lots - 9
Residential - 6
Commercial - 0
Industrial - 0
Common - 3
Total Number of Units - 6
Single-family - 6
Duplex - 0
Multi -family - 0
Total Acreage of Any Out -Parcels - none
LAND USE
Single Family Residence
Residential Subdivision
Single Family Residence
Single Family Residential
(Senora Creek
Subdivision No. 3)
Single Family Residence
Single Family Residential
(Copperfield
Subdivision)
within the DDA, TDA, CEDA, or
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ADDITIONAL SITE DATA
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
Percent of Site as Common Area
PROPOSED REQUIRED
2.27 -units per acre
11,526 -square feet
75 -feet
35 -feet
0.28 -acres
10.7%
I. GENERAL SITE DESIGN FEATURES:
2.27 -units per acre maximum as
limited within the development
agreement
10,000 -square feet
75 -feet
35 -feet
0.48 -acres (minimum)
18 % (minimum)
Open Space:
A total of 0.25 -acres of open space is proposed within the residential subdivision. The common
areas are proposed to contain three (3) small landscaped area and the eight -foot (8') wide planter
strips adjacent to North Nolina Avenue. No active amenities are proposed within any common area
open space.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,
will be developed in the drainage easements. 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 December 7, 2017, shows twenty -foot (20') wide
public utilities, drainage, and irrigation (P.U.D.I) easements adjacent to North Nolina Drive, six-
foot wide (6') P.U.D.I easements adjacent to interior property lines, and twelve -foot (12') wide
P.U.D.I. easements adjacent to rear property 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 required by the Eagle Fire District.
On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
There are several mature trees located on the proposed site. 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.
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J. STREET DESIGN:
Private or Public Streets: Public
The preliminary plat, date stamped by the city on December 7, 2017, shows one (1) street section
associated with the proposed development. The street section shows 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.
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 December 7, 2017, shows one (1) cul-de-sac
associated with the proposed development. The proposed cul-de-sac is approximately 220 -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 (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.)
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 — yes, near existing building
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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:
Q.
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 December 20, 2017 (attached to
the staff report).
Ada County Highway District
Andeavor (formerly known as Tesoro Logistics)
City of Eagle Parks, Pathways, and Recreation Department
Central District Health Department
Eagle Fire Department
Idaho Department of Environment Quality
Idaho Transportation Department
Republic Services
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Neighborhood Residential
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
6.5.1 Park Lane Planning Area - Park Lane Uses
F. 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.
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B. 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 (Acres Or Minimum
Zoning Maximum Interior Street Lot Covered Square Lot
District Height Front Rear Side Side F And J* Feet) H* Width I*
R-3 35' 30' 25' 7.5' 20' 40% 10,000 75'
• 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.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• 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
R-4 18 percent
R-5
MU (with residential uses)
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18 percent
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.
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 Plan: 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 located 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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• 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 lots 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.
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
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economic hardship shall consist of a showing that the cost per lot 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 Tots. 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.
E. DISCUSSION:
• The preliminary plat, date stamped by the city on December 7, 2017, shows 0.28 -acres of open
space, inclusive of the eight -foot landscape strip adjacent to the cul-de-sac (10.7% 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, Senora Creek No. 3, and Kathleen Estates). Senora
Creek Subdivision Nos. 2 and 3 were both resubdivisions of buildable lots within Senora Creek
Subdivision Nos. 1 and 2, and hence increased the overall open space available to the residents.
Senora Creek Subdivision No. 4 would be a resubdivision of a lot within Rays Acres Subdivision.
While the open space would be increased for the residents of the Eagle Creek Neighborhood, it
would not provide any significantly useable open space, and decrease the open feel of the
remaining lots within Rays Acres Subdivision. The applicant should be required to provide a
revised preliminary plat showing at least 18% of the site as open space prior to the submittal of a
design review application.
• The preliminary plat, date stamped by the city on December 7, 2017, does not show any active
open space within the subdivision. Eagle City Code Section 9-3-8(D)(1) requires a minimum of
15% of the common area open space within a subdivision to be active. The applicant should
provide a revised preliminary plat showing a minimum of 15% of the common area open space as
active open space. The revised preliminary plat should be provided prior to the submittal of a
design review application.
• The applicant is proposing to extend the pressurized irrigation system owned by the Eagle Creek
Homeowners Association into the proposed subdivision. Utilizing the Eagle Creek pressurized
irrigation system allows the site to be designed without water storage or pumping facilities located
on site. Eagle City Code Section 9-4-1-9(C)(1) requires all residential dwelling units to be
supplied with pressurized irrigation facilities, unless a waiver is sought and approved by the City
Council. If the proposed subdivision were to utilize the Eagle Creek pressurized irrigation
facilities, they should be required to join the Eagle Creek Homeowners Association in order to
contribute to the long-term maintenance of the pressurized irrigation system. The applicant should
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be required to provide approval from the Eagle Creek Homeowners 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.
• In the event that the proposed lots are unable to join the Eagle Creek Homeowners Association,
significant design modifications would be required to bring the proposed subdivision into
compliance with Eagle City Code. As such, if the City Council approves this application and the
proposed lots are unable to join the Eagle Creek Homeowners Association, the applicant should be
required to submit a preliminary plat modification application to be reviewed and approved by the
Planning & Zoning Commission and City Council prior to the submittal of a design review
application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested rezone with
development agreement and preliminary plat for Senora Creek Subdivision No. 4 with conditions of
approval as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
February 5, 2018, at which time testimony was taken and the public hearing was closed. The Planning
and Zoning Commission directed the applicant to come back to the Planning and Zoning Commission
upon completion of voting (by the Senora Creek Homeowners Association) to annex the property into
the Senora Creek Homeowners Association. The Planning and Zoning Commission continued the
public hearing to April 16, 2018. The applicant provided the voting results of the Senora Creek
Homeowners Association on April 12, 2018. The Planning and Zoning Commission reviewed the
information at the April 16, 2018, meeting and made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by six (6) individuals who indicated the following:
• Two (2) of the individuals indicated they were not notified of the meeting.
• That due to the number of homes proposed directly behind their property they will experience a
loss of privacy and will not have a view of the foothills.
• The lots should be large lots and the area may be over developed.
• The property should remain zoned R -E (Residential -Estates).
• They will experience a loss of privacy and have a concern for safety.
• There may be a potential conflict since the adjacent neighbor raises and butchers animals on the
adjacent property.
• The size of the proposed lots is not compatible with the surrounding lots.
COMMISSION DELIBERATION: (Granicus time 53:58)
On February 5, 2018, upon completion of the applicant and staff's presentations, and public testimony the
Commission discussed during deliberation that:
• Public is not supportive of the proposed development.
• The applicant may need to add language to the lot sales agreements regarding right to farm.
• The Commission has a concern since the applicant is proposing to annex the property into the Senora
Creek Homeowner's Association and it is unknown if that will occur.
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• That although the comprehensive plan allows for the property to be developed at a higher density the
neighbors have an expectation that the property should not change.
• The proposed subdivision has a logical design based on the size of the parcel and the surrounding
development.
• A decision should not be made until the Commission knows the outcome of the vote to annex the
property into the Senora Creek Homeowner's Association.
COMMISSION DELIBERATION: (Granicus time 02:45)
On April 16, 2018, upon completion of the staff's presentation, the Commission discussed during
deliberation that:
• The information provided by the applicant regarding the annexation of the subject property into the
Senora Creek Homeowners Association the Commission addressed their request and that Site Specific
Condition of Approval #7 is no longer needed.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 5 to 0 to recommend approval of RZ-06-17 for an annexation and rezone from
RUT (Rural -Urban Transition — Ada County designation) to R -3 -DA (Residential with a development
agreement) for Michael Stephenson, with the following conditions to be placed within a development
agreement:
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 2.27 units per acre (six [6] single-family lots).
3.4 The Owner 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. 4, or provide a revised preliminary plat showing an
independently operated pressurized irrigation system for Senora Creek Subdivision No. 4 prior to
submittal of a final plat application.
3.5 Owner shall remove all existing structures prior to the City Clerk signing the final plat. Demolition
permits shall be obtained prior to the removal of said structures.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval of PP -07-17 for a preliminary plat for Senora Creek
Subdivision No. 4 (Exhibit "A") for Michael Stephenson, with the following staff recommended site
specific condition of approval and standard conditions of approval with strike through text to be deleted by
the Commission:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-06-17.
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] [I])
4. Provide a revised preliminary plat showing at least 18% of the site as open space prior to the submittal
of a design review application (ECC 9-3-8).
5. Provide a revised preliminary plat showing a minimum of 15% of the common area open space as
active open space. The revised preliminary plat shall be provided prior to the submittal of a design
review application (ECC 9-3-8[D][11).
6. Provide a site/fencing plan showing the type (open style) and location of fencing located between all
common lots and residential lots, and along the street side of all corner lots prior to submittal of a
design review application.
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8. Add a note to the final plat which states, "Minimum building setback lines shall be in accordance with
the zoning regulations at the time of issuance of a building permit" prior to the City Clerk signing the
final plat.
9. 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.
10. 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 through project
completion. (ECC 8 -2A -7[E] and ECC 8-2A-18)
11. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC 9-4-1-2)
12. The Senora Creek Subdivision No. 4 shall remain under the control of one Homeowners Association.
(ECC 9-3-8[D][4])
13. 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.
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14. 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])
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. 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).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title 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
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all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing in-igation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
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.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall 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.
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16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved 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.
1 7. 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 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 the Eagle
City Pathway/Greenbelt Committee 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
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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.
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 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 Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation with a development agreement (A-06-17/RZ-07-17) 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 applications are in accordance with the City of Eagle Comprehensive Plan
and established goals and objectives because:
a. The requested zoning designation of R -3 -DA (Residential with a development agreement)
complies with the Neighborhood Residential designation as shown on the Comprehensive Plan
Land Use Map since the applicant is not proposing more than 2.27 -units per acre and the proposed
density is within the density allowed;
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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 -3 -DA (Residential with a development agreement) zoning district is compatible
with the R -E (Residential -Estates) zone and land use to the north since this area is designated
Neighborhood Residential in the Comprehensive Plan and may be developed with a residential
development at similar density to the subject site;
d. The proposed R -3 -DA (Residential with a development agreement) zoning district is compatible
with the R-3 and R -3 -DA (Residential with a development agreement) zones and land uses to the
south since this area is designated Neighborhood Residential in the Comprehensive Plan and is
currently developed with a subdivision with similar density;
e. The proposed R -3 -DA (Residential with a development agreement) zoning district is compatible
with the R -E (Residential -Estates) zone and land use to the east since this area is designated
Neighborhood Residential in the Comprehensive Plan and may be developed with a residential
development similar in density to the subject site;
f. The proposed R -3 -DA (Residential with a development agreement) zoning district is compatible
with the R -2 -DA (Residential with a development agreement) zone and land use to the west since
this area is designated Neighborhood Residential in the Comprehensive Plan and is developed with
a residential development;
The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan;
h. No non -conforming uses are expected to be created with this rezone.
2. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP -07-17) 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 -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;
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 and the provisions of
Eagle City Code Title 8 and Title 9, 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 Suez Water. 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.
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g.
That based upon agency verification and additional written comments provided, or as conditioned
herein, there is adequate public financial capability to support the proposed development;
h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the preliminary
plat and subsequent final plat approval as set forth within the conditions of approval herein.
DATED this 8th day of May, 2018
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
A r EST:
Sharon K ergmann, Eagle City C
o• •iOFEq oe•;.,\
SEAL •
r
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