Findings - CC - 2018 - A-01-18/RZ-01-18 & PP-01-18 - Annexation And Rezone From Rut To R-E-Da And Preliminary PlatBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION AND REZONE
FROM RUT [RURAL -URBAN TRANSITION —
ADA COUNTY DESIGNATION] TO R -E -DA
[RESIDENTIAL -ESTATES WITH A
DEVELOPMENT AGREEMENT] AND
PRELIMINARY PLAT FOR IIAZEN RANCH
SUBDIVISION FOR BRISTOL COMPANY
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-01-18/RZ-01-18 AND PP -01-18
The above -entitled annexation, rezone with a development agreement, and preliminary plat applications
came before the Eagle City Council for their action on May 8, 2018, at which time public testimony was
taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Bristol Company, represented by Shawn Nickel with SLN Planning, is requesting an annexation,
rezone with development agreement from RUT (Rural -Urban Transition — Ada County
designation) to R -E -DA (Residential -Estates with a development agreement), and preliminary plat
approvals for Hazen Ranch Subdivision, a 17 -lot (17 -buildable) residential subdivision. The
35.18 -acre site is located on the east side of North Meridian Road at the southeast corner of West
Caliber Court and North Meridian Road at 2044 and 2400 North Meridian Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 1117 East Winding Creek Drive, Suite 185, at 6:00 PM, on
Thursday, December 14, 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 February 1, 2018.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on March 2, 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 February 27, 2018. The site was posted in
accordance with the Eagle City Code on March 9, 2018. Requests for agencies' reviews were
transmitted on February 6, 2018, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the applications for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
April 19, 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 April 16, 2018. The site was posted in accordance with the
Eagle City Code on April 25, 2018.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): See applicant's justification letter (attached to the staff report), date stamped by the
City on February 1, 2018.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site Estate Residential
South of site Large Lot Residential
East of site Estate Residential
West of site Neighborhood Residential
and Transitional Overlay
COMP PLAN
DESIGNATION DESIGNATION
Estate Residential
ZONING LAND USE
RUT (Rural -Urban Transition
- Ada County Designation)
No Change R -E -DA (Residential -Estates
with a development
agreement)
R -E -DA (Residential -Estates
with a development
agreement)
R -E (Residential -Estates)
RUT (Rural -Urban Transition
- Ada County Designation)
R -E (Residential -Estates)
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
I. SITE DATA:
Total Acreage of Site 35.18 -acres
Total Number of Lots • 17
Total Number of Units - 17
Residential - 17
Commercial - 0
Industrial -- 0
Common --- 0
Single-family - 17
Duplex - 0
Multi -family - 0
Total Acreage of Any Out -Parcels - none
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Single-family dwelling and
agriculture
Residential subdivision
Catalpa Subdivision
Canterbury Subdivision
Kennsington Meadows
Subdivision
Henry's Subdivision
ADDITIONAL SITE DATA
Dwelling Units Per Gross Acre .48 -units per acre
PROPOSED
Minimum Lot Size 1.8 -acres (78,410 sq. ft.)
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
215.6 -feet
68.9 -feet
0 -acres
Percent of Site as Common Area 0%
J. GENERAL SITE DESIGN FEATURES:
REQUIRED
.48 -dwelling units per acre
maximum (as limited within
the development agreement)
1.8 -acres (78,408 sq. ft.)
minimum
100 -feet
35 -feet
0 -acres (not required in the R-
E zoning district)
0% (not required in the R -E
zoning district)
Open Space:
The proposed subdivision will be located within the R -E (Residential -Estates) zoning district, a
minimum amount of open space is not required, and none is proposed.
Landscape Screening:
The applicant is proposing to install the required landscape buffering located adjacent to North
Meridian Road.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 -feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) — Yes — the existing house is served by a septic system.
Pressurized Irrigation:
The pressurized irrigation system will utilize water from the Farmers Union Ditch. The applicant is
proposing a pond and irrigation pump station to operate the pressurized irrigation system. The
pond and irrigation pump station will be located within Lot 2, Block 1 (buildable lot).
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Preservation of Existing Natural Features:
The site contains mature trees located in proximity to the existing residence. Eagle City Code
Section 9-3-8 (B) states that existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, watercourses, historic spots, and
similar irreplaceable assets) shall be preserved in the design of the subdivision.
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.
K. STREET DESIGN:
Public Streets:
The preliminary plat, date stamped by the City on February 1, 2018, shows a standard rural street
section with a 52 -foot right-of-way inclusive of a 30 -foot wide roadway section (as measured from
back of curb to back of curb) with two -foot wide ribbon curbing, four -foot wide striped non -
motorized travel lanes and 11 -foot wide travel lanes on each side of the street. The street section
also shows minimum eight -foot wide road side swales on each side of the street.
Blocks Less Than 500': None
Cul-de-sac Design: None
Sidewalks: None (see Pedestrian Walkways, Section L)
Curbs and Gutters:
Ribbon curbing which meets 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.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
The street section on the preliminary plat, date stamped by the City on February 1, 2018, shows
that four feet (4') of pavement will be striped on each side of the street for non -motorized travel.
The preliminary plat does not identify a sidewalk located adjacent to North Meridian Road (not
labeled on the preliminary plat).
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.
M. PUBLIC USES PROPOSED: None proposed.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exist.
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O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The subdivision will be served with central water from Suez Water Company. The lots will be
served by individual septic systems. Fire service will be provided by Eagle Fire Department.
Police protection will be provided by Eagle Police Department.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes -- Located at the southwest corner of the property in proximity to the existing
house and accessory structures.
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - Unknown
Unique Plant Life - Unknown
Unstable Soils -- No
Wildlife Habitat - No
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Not required
R. 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 letters dated February 26, 2018, are of special
concern (attached to the staff report).
Ada County Highway District
Boise River Flood Control District No. 10
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Jerry A. Kiser (on behalf of Farmers Union Ditch Company, Inc.)
Republic Services
S. 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:
6.5 Land Use Designation
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
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Estate Residential
A single family residential area transitioning between agriculture and conventional residential uses.
Densities range from 1 unit per 2 acres to 1 unit per 5 acres. Small scale agriculture and horticulture
uses are encouraged. Density may be limited due to the limited availability of infrastructure and
roadway capacity.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2A-7 (J)(4)(a): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way line of
the adjacent roadway. This buffer is required as part of the common area open space
owned and maintained by a homeowners' association. Any landscaping proposed to be
within the public right of way shall not be included as a part of the buffer area required
below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway (measured at the centerline) to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-2-3: Preliminary Plat:
C. Required Information And Data:
3. The following shall be submitted separately:
i. Streets, street names, rights of way and roadway widths, including adjoining
streets or roadways;
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n. Any dedications to the public and/or easements, together with a statement of
location, dimensions and purpose of such
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Total easement width shall not be less than twelve feet (12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of
the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style,
durable fencing material. Specific buffer area fences and decorative walls may be allowed as
otherwise required in subsection 8 -2A -7J of this code. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated areas.
A section within the subdivision CC&Rs shall be created for the regulation of fences to this
effect.
• Eagle City Code Section 9-4-1-3: Curbs and Gutters:
A. Generally:
1. Vertical curbs and gutters shall be constructed on collector and arterial streets.
2. Rolled curbs and gutters shall be required on minor streets.
3. All construction shall be in accordance with the standards and specifications adopted
by the Ada County highway district.
• Eagle City Code Section 9-4-1-5: Streetlights:
All subdividers within the city limits and within the area of city impact shall be required to
install, at the subdividers' expense, streetlights in accordance with city specifications and
standards at locations designated by the "administrator" (as defined by section 9-1-6 of this
title, or his/her representative, hereinafter referred to as "administrator"). After installation and
acceptance by the administrator, the city shall have the right to pay the cost of maintenance
and power and assume ownership of the streetlights.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or
at the building setback line, is over one hundred feet (100'), sidewalks on only one
side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County highway district.
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3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb
by a minimum eight foot (8') wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with three inch (3") minimum
caliper shade class trees along all streets within the subdivision. Installation of
landscaping shall be in accordance with section 8-2A-7 of this code. The area within
the eight foot (8') wide landscape strip may be counted toward the minimum required
common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line.
Minor variations to the location of a tree may be considered by the design review
board during the review of the subdivision landscape plan.
5. If sidewalk is required on one side of each street only (as provided for in subsection F1
of this section), then the trees on the side of the street with no sidewalk shall be placed
within five feet (5') of the edge of roadway.
6. In zoning districts which prohibit densities greater than one dwelling unit per two (2)
acres and at the council's discretion, a four foot (4') wide striped path (with pedestrian
designation markings such as diamonds or pedestrian/bicycle symbols) on both edges
of all internal roadways may be permitted in lieu of constructing sidewalks. Trees
shall be placed within five feet (5') of the edge of roadway.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 9-4-1-9: Water Supply and Sewer Systems:
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
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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.
• Eagle City Code Section, 9-4-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with Section 8-2A-7 of this code, shall be required for
the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats
shall show the location of all buffer areas.
I). DISCUSSION (based on the preliminary plat, date stamped by the City on February 1, 2018):
• Plat note #4 of the preliminary plat states, "The developer shall provide pressurized irrigation
water to each lot from upgrade and extension of existing system on adjacent property. All lots
in this subdivision will be subject to assessments of the Farmer Union Irrigation District." (sic)
The applicant provided a "Pressure Irrigation Assessment Report", date stamped by the City
on February 1, 2018, which does not reference the pressurized irrigation being provided by an
upgrade and extension of an existing system located on the adjacent property. The applicant
should provide further clarification regarding the pressurized irrigation system as being an
independent system or a shared system with the adjacent property. If it is the intent of the
applicant to construct a shared pressurized irrigation system with the adjacent subdivision, the
applicant should provide a revised Pressure Irrigation Assessment Report inclusive of the
adjacent water shares and system information associated with the adjacent subdivision. To
ensure that the pressurized irrigation system will be owned and operated by the property
owners of Hazen Ranch Subdivision and Catalpa Subdivision, the applicant should provide an
operation and maintenance manual that also provides a funding mechanism for the
replacement of pumps associated with the pressurized irrigation system. The applicant should
also provide a formalized agreement for a Joint Water Association system. The Pressure
Irrigation System Report, operation and maintenance manual, and Joint Water Association
Agreement should be submitted with the final plat application. In the event the applicant does
not construct a shared pressurized irrigation system the applicant should construct an
independent system to serve the Property.
• The proposed subdivision is located adjacent to a collector (North Meridian Road) as
identified on Map 8.1 of the comprehensive plan. Pursuant to Eagle City Code Section 8 -2A -
7(J)(4) a buffer area (35 -feet in width) is required between residential developments and
streets classified as collectors, arterials, etc. The buffer area is required is to be located within
a common lot that is located between the residential lots within the subdivision and the right-
of-way of the adjacent roadway. The buffer area proposed along North Meridian Road is not in
compliance with Eagle City Code Section 8 -2A -7(J)(4) as it is shown to be within a 20 -foot
wide easement instead of a 35 -foot wide common lot. The preliminary plat shows a 20 -foot
wide landscape easement located within Lots 1 and 2, Block 1, and Lots 4 and 5, Block 2. The
proposed easement does not provide a sufficient area for the required buffer area. The
applicant should be required to provide a revised preliminary plat showing a 35 -foot wide
buffer area common lot located adjacent to North Meridian Road. The revised preliminary plat
should be provided prior to submittal of a design review application.
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• The preliminary plat does not identify North Meridian Road which is located adjacent to the
west boundary of the subdivision. The applicant should provide a revised preliminary plat
identifying North Meridian Road located adjacent to the west boundary of the subidivision.
The revised preliminary plat should be provided prior to submittal of a final plat application.
• The proposed subdivision will be subject to a development agreement. The plat notes shown
on the preliminary plat do not contain a plat note referencing a development agreement. The
applicant should be required to provide a revised preliminary plat with a new plat note which
states, "All development within this subdivision shall be consistent with the conditions of
development within the development agreement associated with RZ-01-18 and any subsequent
modifications to the development agreement." The revised preliminary plat should be provided
prior to submittal of a final plat application.
• Lot 2, Block 1, of the preliminary plat shows an irrigation pump station, pond (based on
contour lines), and a pond overflow line located within Lot 2, Block 1. The irrigation delivery
structure, irrigation pump station, pond, and pond overflow line are located outside of an
easement area. The preliminary plat does not show an access easement to the irrigation
delivery structure, irrigation pump station, pond, and pond overflow line. Also, pursuant to
Eagle City Code Section 9-4-1-9(C)(1), the applicant is required to comply with the city's
"Pressure Irrigation Standards." One of the required standards within the "Pressure Irrigation
Standards" is that the applicant is required to provide a perimeter easement from the pond top
of bank to allow for maintenance of the irrigation pond. The applicant should be required to
provide a revised preliminary plat showing the irrigation delivery structure, irrigation pump
station, pond, pond overflow line and 12 -foot wide pond maintenance easement (measure from
top of bank) located within an irrigation easement. The revised preliminary plat should also
identify an easement providing access to the irrigation delivery structure, irrigation pump
station, pond, and pond overflow line. The revised preliminary plat should be provided prior to
the City Clerk signing the final plat.
• The preliminary plat does not show any streetlights located within the development. The
applicant should be required to provide a revised preliminary plat showing streetlights to be
located at the intersections and street corners located within the development. The revised
preliminary plat should be provided prior to submittal of a final plat application.
• The rural street section shown on the preliminary plat has a 30 -foot wide roadway section (as
measured from back of curb to back of curb) with two -foot wide ribbon curbing, four -foot
wide striped non -motorized travel lanes, and 11 -foot wide travel lanes on each side of the
street. Pursuant to Eagle City Code Section 9-4-1-6(F)(6), in zoning districts which prohibit
densities greater than one dwelling unit per two (2) acres and at the Council's direction, a four
foot (4') wide striped path (with pedestrian designation markings such as diamonds or
pedestrian/bicycle symbols) on both edges of all internal roadways may be permitted in lieu of
constructing sidewalks. Trees shall be placed within five feet (5') of the edge of roadway.
Based on the width of the proposed street and an area located on each side of the street for
non -motorized travel it will not allow for pedestrian movement and on street parking. If the
City Council approves the street section as proposed, the applicant should be required to post
"No Parking" signs on both sides of the street. If the City Council does not approve the striped
non -motorized travel lanes on each side of the road, the applicant should be required to
provide a five-foot (5') wide sidewalk separated by an eight foot (8') wide planter strip (or
drainage swale) on one (1) side of the road. The "No Parking" signs or separated sidewalk
should be installed prior to the City Clerk signing the final plat.
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• The properties located east of the site consist of large lots which may be utilized for
agricultural operations. The preliminary plat does not contain a plat note referencing Idaho
Code Section 22-4503, regarding Right to Farm. The applicant should be required to provide a
revised preliminary plat with a new plat note which states, "This development recognizes
Idaho Code Section 22-4503, Right to Farm, which states: "No agricultural operation,
agricultural facility or expansion thereof shall be or become a nuisance, private or public, by
any changed conditions in or about the surrounding nonagricultural activities after it has been
in operation for more than one (1) year, when the operation, facility or expansion was not a
nuisance at the time it began or was constructed. The provisions of this section shall not apply
when a nuisance results from the improper or negligent operation of an agricultural operation,
agricultural facility or expansion thereof." The revised preliminary plat should be provided
prior to submittal of a final plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested annexation,
rezone with development agreement, and preliminary plat with conditions of approval as provided within
the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April 2,
2018, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by three (3) individuals who voiced the following concerns:
• The applicant is not the owner of the property; therefore, the applicant does not have standing to
bring the application forward.
• The proposed lot sizes are below the minimum lot size of two (2) acres required pursuant to the
comprehensive plan.
• The applicant is proposing the lots be served by septic systems. The correspondence provided by
Central District Health Department indicated that central sewer is required.
• In previous years there has been agricultural chemicals dumped on the site.
• The residents may burn ditches or trash which will cause pollution.
• The proposed subdivision will create excess traffic in the area.
• The applicant should be required to reduce the number of lots by a minimum of two (2) lots.
• The applicant should be required to reduce the number of lots located adjacent to Canterbury
Subdivision.
• The rear setback should be increased to ensure that the new homes constructed on the site will not
be in proximity to the existing residences located adjacent to the site.
• The traffic from the development will increase the number of vehicle trips on Meridian Road by
10% thus increasing the traffic on Beacon Light Road.
• The road infrastructure in the area does not have capacity for the new growth in the area.
• The schools in the area do not have sufficient capacity for the children from new development
occurring in the area.
• The amount of growth in the area needs to be monitored to ensure the existing infrastructure has
capacity.
• The new residents in the area will generate too much noise.
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C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
two (2) individuals (not including the applicant/representative) who indicated the following:
• They are both presidents of the homeowners associations of the subdivisions located adjacent to
the proposed development and they have no issues or concerns with the proposed development.
• The proposed development will be an asset to the neighborhood.
• The president of the Canterbury Subdivision homeowners association requested that stop signs be
placed at the intersection of West Champagne Court and North Locksley Way. They also
requested that no construction traffic be permitted to utilize North Locksley Way for access to the
new subdivision during construction.
D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning
and Zoning Commission by three (3) individuals who indicated the following:
• The rear setbacks should be expanded so that structures are not located in proximity to the existing
residential dwelling located in proximity to the site.
• The applicant should be required to only allow dark sky lighting within the development.
• The applicant should be required to install landscaping around the perimeter of the development to
shield the headlights of vehicles accessing the driveways within the development.
• The irrigation water for the development is provided on a rotation basis and the applicant should
be required to provide a revised irrigation analysis based on the irrigation schedule.
• The CC&Rs for the subdivision should contain language regarding controlling noise created by
residents residing within the subdivision.
COMMISSION DELIBERATION: (Granicus time 01:39:00)
Upon closing the public hearing, the Commission discussed during deliberation that:
• They are appreciative that the applicant spent time meeting with the adjacent neighbors.
• They are supportive of the required buffer area being located within an easement versus a common lot.
• They are sympathetic to the noise complaints brought up during testimony, however, there are
ordinances in place to address the complaints.
• The proposed development is in conformance with the comprehensive plan and the only request being
made that is not in conformance with Eagle City Code is the request to locate the landscape buffer
within an easement versus a common lot.
• The applicant could apply for a PUD with smaller lot sizes to allow for the required berm to be placed
within a common lot.
• The subdivision is designed to transition with the adjacent subdivisions.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 4 to 0 (Wright absent) to recommend approval of A-01-18 and RZ-01-18 for an
annexation and rezone from RUT (Rural -Urban Transition -- Ada County designation) to R -E -DA
(Residential -Estates with a development agreement) for Bristol Company with conditions of development
to be placed within a development agreement as provided within their findings of fact and conclusions of
law document, dated April 16, 2018.
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COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 (Wright absent) recommend approval of PP -01-18 for a preliminary plat for
Hazen Ranch Subdivision for Bristol Company, with the site specific conditions of approval and standard
conditions of approval as provided within their findings of fact and conclusions of law document, dated
April 16, 2018.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on May 8, 2018, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to the application was presented to the City Council by three (3)
individuals who voiced the following concerns:
• The proposed subdivision is not designed within the scope of the comprehensive plan.
• The proposed subdivision has a sub -standard design.
• There are far too many homes located within the general area.
• The proposed lot sizes are below the minimum lot size of two (2) acres required pursuant to the
comprehensive plan.
• The applicant is proposing the lots be served by septic systems. The correspondence provided by
Central District Health Department indicated that central sewer is required.
• In previous years there has been agricultural chemicals dumped on the site.
• The proposed subdivision will create excess traffic in the area.
• The applicant should be required to reduce the number of lots by a minimum of two (2) lots.
• The rear setback should be increased to ensure that the new homes constructed on the site will not
be in proximity to the existing residences located adjacent to the site.
• The road infrastructure in the area does not have capacity for the new growth in the area.
• The schools in the area do not have sufficient capacity for the children from new development
occurring in the area.
• The amount of growth in the area needs to be monitored to ensure the existing infrastructure has
capacity.
• The new residents in the area will generate too much noise.
• The site contains hazardous waste that was previously dumped on site during the time the property
was farmed.
• The existing overhead power lines serving the site should be removed.
C. Oral testimony in favor of the application was presented to the City Council by one (1) individual (not
including the applicant/representative) who indicated the following:
• They are the president of the homeowners associations of the subdivision located adjacent to the
north property line of the proposed development and they have no issues or concerns with the
proposed development.
• The proposed development will be an asset to the neighborhood.
D. Oral testimony neither in favor of nor in opposition to the application was presented to the City
Council by two (2) individuals who indicated the following:
• The applicant should be required to utilize dark sky compliant lighting within the development.
• The applicant should be required to install landscaping around the perimeter of the development to
shield the headlights of vehicles accessing the driveways within the development.
• The CC&Rs for the subdivision should contain language regarding controlling noise created by
residents residing within the subdivision.
• On street parking should be permitted within the development so that individuals attending events
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at the residences within the proposed subdivision are not forced to park their vehicles within the
adjacent subdivisions.
• The West Ada School District did not provide a response to address possible concerns.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to approve A-01-18/RZ-01-18 for an annexation and rezone from RUT (Rural -
Urban Transition — Ada County designation) to R -E -DA (Residential -Estates with a development
agreement) for Bristol Companies, with the following Planning and Zoning Commission recommended
conditions of development to be placed within a development agreement with underline text to be added
by the Council:
3.1 The maximum density of the Property shall be .48 -dwelling units per acre (17 -dwelling units).
3.2 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.
3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an
operation and maintenance manual including the funding mechanism as an addendum to the
CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified ant that the homeowners association or other entity cannot be
dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space and corner lots to be open -style
such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type
wooden and/or vinyl decorative fencing. All other fencing (ie. dog-eared cedar fencing, solid_
privacy vinyl, chainlink) shall be prohibited.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be
deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
3.5 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands, 3) landscape
screening details of the irrigation pump house (if proposed), 4) all proposed fencing throughout the
development, and 5) street lights. The design review application shall be reviewed and approved by
the Eagle Design Review Board prior to the submittal of a final plat application.
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3.6 If it is the intent of the Owner to construct a shared pressurized irrigation system with the adjacent
subdivision, the Owner shall provide a revised Pressure Irrigation Assessment Report inclusive of
the adjacent water shares and system information associated with the adjacent subdivision. To ensure
that the pressurized irrigation system will be owned and operated by the property owners of the
Property and the Catalpa Subdivision Homeowners Association, the Owner shall provide an
operation and maintenance manual that also provides a funding mechanism for the replacement of
pumps associated with the pressurized irrigation system. The Owner shall also provide a formalized
agreement for a Joint Water Association system. The Pressure Irrigation System Report, operation
and maintenance manual, and Joint Water Association Agreement shall be submitted with the final
plat application. In the event Owner does not construct a shared pressurized irrigation system the
Owner shall construct an independent system to serve the Property.
3.7 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the submittal
of a Design Review application. Owner shall provide a narrative with the Existing Tree Inventory
Map indicating how the trees will be incorporated into the design of the subdivision or mitigated
prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree
removal plan and replacement plan.
3.8 The minimum rear setback shall be 30 -feet; no rear setback waivers pursuant to Eagle City Code
Section 8-2-4(A)(5) shall be permitted.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP -01-18 for a preliminary plat for Hazen Ranch Subdivision
(Exhibit A) for Bristol Company, with the following Planning and Zoning Commission recommended site
specific conditions of approval and standard conditions of approval with underline text to added by the
Council and strike through text to be deleted by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-01-18.
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.
4. Provide a revised preliminary plat with a new plat note which states, "All development within this
subdivision shall be consistent with the conditions of development within the development
agreement associated with RZ-01-18 and any subsequent modifications to the development
agreement." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
5. Provide a revised preliminary plat with a new plat note which states, "This development recognizes
Idaho Code Section 22-4503, Right to Farm, which states: "No agricultural operation, agricultural
facility or expansion thereof shall be or become a nuisance, private or public, by any changed
conditions in or about the surrounding nonagricultural activities after it has been in operation for
more than one (1) year, when the operation, facility or expansion was not a nuisance at the time it
began or was constructed. The provisions of this section shall not apply when a nuisance results from
the improper or negligent operation of an agricultural operation, agricultural facility or expansion
thereof." The revised preliminary plat shall be provided prior to submittal of a final plat application.
6. Provide a revised preliminary plat identifying North Meridian Road located adjacent to the west
boundary of the subdivision. The revised preliminary plat shall be provided prior to submittal of a
final plat application. (ECC 9-2-3 [C] [3] [i])
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7. Provide a revised preliminary plat showing a 35 -foot wide buffer area located within a 35 -foot wide
landscape buffer easement located along the entire frontage adjacent to North Meridian Road. The
revised preliminary plat shall be provided prior to submittal of a design review application.
8. Provide a revised preliminary plat showing the irrigation delivery structure, irrigation pump station,
pond, pond overflow line and 12 -foot wide pond maintenance easement (measure from top of bank)
located within an irrigation easement. The revised preliminary plat should also identify an easement
providing access to the irrigation delivery structure, irrigation pump station, pond, and pond
overflow line. The revised preliminary plat shall be provided prior to the City Clerk signing the final
plat.
9. Provide a revised preliminary plat showing streetlights to be located a minimum of 300 -feet on
center and at the intersections and street corners located within the development. The revised
preliminary plat shall be provided prior to submittal of a final plat application.
10. If -the The City Council approves the street section as proposed.; the-applieartt Gk 11 required to
post "No '_lAirg" ,ig» • .. • . - • • If the City
ap imtil•�lr;
wide--p1ante orir (or drainage Swale) on one (1) side of the street. The "Ne Po 1 ng" signs or
prk r to the City Clerk signing the firK- p' t. Additional striving_
and "No Parking" signs are not required.
11. 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.
12. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with
the required placement of street trees. 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.
13. 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 the City Clerk signing the final
plat.
14. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7 (J).
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15. The Hazen Ranch Subdivision shall remain under the control of one Homeowners Association.
16. 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.
17. 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.
18. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final plat application.
19. The applicant shall provide a revised pressurized irrigation analysis based on the water schedule
rotation for receiving irrigation water. The pressurized irrigation analysis shall be provided prior to
submittal of a final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
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9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
1 1 . No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. 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.
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
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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.
1 6. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City 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.
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.
2l.
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26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
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 Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-01-18/RZ-01-18) 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 upon
annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
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a. The requested zoning designation of R -E -DA (Residential -Estates with a development agreement)
is consistent with the Estate Residential 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. The residential lots will be served by
individual septic systems;
c. The proposed R -E -DA (Residential -Estates with a development agreement) zoning district is
compatible with the R -E -DA (Residential -Estates with a development agreement) zone and land
use to the north since that area has been developed with lots of similar size;
d. The proposed R -E -DA (Residential -Estates with a development agreement) zoning district is
compatible with the R -E (Residential -Estates) zone and land uses to the south and west since those
areas have been developed with lots of similar size;
e. The proposed R -E -DA (Residential -Estates with a development agreement) zoning district is
compatible with the RUT (Rural -Urban Transition - Ada County designation) zone and land use
to the east since that area is developed with a residential subdivision and the proposed subdivision
provides lot sizing that is compatible with the lots sizes within the adjacent subdivision;
f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan; and
2. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP -01-
18) 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 subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the Estate Residential land use designation of this area shown within the
Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police and
fire protection, schools, drainage structures, refuse disposal, and water; or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services, as noted in the documentation provided from said agencies and as required as a
part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire District
and Ada County Highway District, as conditioned herein, there is adequate public financial
capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Council's attention
have been adequately addressed by the applicant or will be conditions of approval as set forth
within the conditions of approval herein.
Page 21 of 22
K: Planning DepI\Eagle Applications\SUBS\2018\Hazen Ranch Sub ccl doc
DATED this 22nd day of May, 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stant idgeway, Mayor
• TEST: /
Sharon K. .°trg ann, Eagle City
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Page 22 of 22
K:\Planning Dept\Eaglc Applications\SUBS\201R\Hazen Ranch Sub ccf.doc
PRELIMINARY PLAT SHOWING
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BEFORE DIGGING, CALL DIGLIIIE AT 1-800.342-1585
SHEET
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