Findings - CC - 2019 - A-06-18/RZ-11-18 and PP/FP-01-18 - Annexation & Rezone From Rut To R-E-Da And Combined Pp And Final Plat For Endless Views SubdivisionBEFORE 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
COMBINED PRELIMINARY PLAT/FINAL
PLAT FOR ENDLESS VIEWS SUBDIVISION
FOR THOMAS TURGEON AND DAWN KELLY
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-06-18/RZ-11-18 AND PP/FP-01-18
The above -entitled annexation, rezone with a development agreement, and combined preliminary plat/final
plat applications came before the Eagle City Council for their action on January 8, 2019, 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:
Thomas Turgeon and Dawn Kelly are requesting an annexation, rezone from RUT (Rural -Urban
Transition — Ada County designation) to R -E -DA (Residential Estates with a development
agreement) and combined preliminary and final plat approvals for Endless Views Subdivision, a 2 -
lot residential subdivision. The 5 -acre site is located on the east side of North Meridian Road
approximately 760 -feet south of the intersection of North Meridian Road and West Beacon Light
Road at 2700 North Meridian Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site, at 6:00 PM, Monday, June 18, 2018, in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on July 26, 2018. A revised preliminary plat was provided to the City
on September 27, 2018.
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 October 27, 2019. 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 October 24, 2018. The site was posted
in accordance with the Eagle City Code on November 9, 2018. Requests for agencies' reviews
were transmitted on August 9, 2018, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
December 20, 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,
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Chapter 65, Idaho Code and Eagle City Code on December 18, 2018. The site was posted in
accordance with the Eagle City Code on December 20, 2018.
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:
See applicant's justification letter, date stamped by the City on July 26, 2018 (attached to the staff
report).
G. 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
DESIGNATION
Estate Residential
No Change
Estate Residential
Estate Residential
Estate Residential
Neighborhood Residential
with Transitional Overlay
H. DESIGN REVIEW OVERLAY DISTRICT:
ZONING
DESIGNATION
RUT (Rural -Urban Transition
— Ada County designation)
R -E -DA (Residential -Estates
with a development
agreement)
RUT (Rural -Urban Transition
— Ada County designation)
R -E -DA (Residential -Estates
with a development
agreement)
RUT (Rural -Urban Transition
— Ada County designation)
RI (Estate Residential — Ada
County designation)
Not located within the DDA, TDA, CEDA, or DSDA.
I. SITE DATA:
Total Acreage of Site — 5.00 -acres
Total Number of Lots — 2
Total Number of Units —
Residential — 2
Commercial — 0
Industrial — 0
Common — 0
Single-family — 2
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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LAND USE
Single-family dwelling and
agriculture
Residential subdivision
Single-family dwellings and
agriculture
Catalpa Subdivision
Hoffman Subdivision No. 2
Gallup Estates Subdivision
ADDITIONAL SITE DATA
Dwelling Units Per Gross Acre .40 -units per acre
PROPOSED
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
Percent of Site as Common Area
1.86 -acres
180 -feet
0 -feet*
0 -acres
0%
REQUIRED
1 -unit per two acres (.40 -units
per acre maximum)
1.8 -acres (minimum)
100 -feet (minimum)
35 -feet
0 -acres
0%
* Eagle City Code Section 9-3-2-1(J) allows driveways to provide access to no more than two (2)
dwelling units within any subdivision.
J. GENERAL SITE DESIGN FEATURES:
Open Space:
This subdivision is proposed to be located within the R -E (Residential -Estates) zoning district; a
minimum amount of open space is not required, and none is proposed.
Storm Drainage and Flood Control:
The applicant should demonstrate that the storm water from individual lots is handled by a storm
drainage facility or the applicant should place a note on the final plat stating all storm water from
the individual lots is to be retained on the individual lots per Eagle City Code 9-4-1-10. This
should be completed prior to the City Clerk signing the final plat.
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 Main:
The preliminary plat date stamped by the City on September 27, 2018, does not show any fire
hydrants.
On-site Septic System — Yes
The existing house is currently served by an on-site septic system. If a dwelling were constructed
on the proposed new lot, it would be served by a separate on-site septic system.
Pressurized Irrigation:
The applicant has requested a waiver of installing a pressurized irrigation system since the
property has historically been flood irrigated and the availability of surface water will not support a
pressurized irrigation system (see Revised Irrigation Report and Formal Pressure Irrigation
Request Waiver, date stamped by the City on October 17, 2018 [attached to the staff report]).
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
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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:
Pursuant to the Ada County Highway District approval, date stamped by the City on September
12, 2018, the applicant is required to improve Meridian Road to 18 -feet of pavement from
centerline with a 3 -foot wide gravel shoulder and borrow ditch and construct a 5 -foot wide
detached concrete sidewalk abutting the site. The applicant is also required to dedicate right-of-
way to 2 -feet behind the back edge of sidewalk, or 2 -feet past the back edge of borrow ditch and
provide a permanent right-of-way easement to 2 -feet behind the back edge of sidewalk.
Lot 2, Block 1, will not have direct lot access to North Meridian Road. Lot 1, Block 1, provides
for cross access between the North Meridian Road and Lot 2, Block 1, and is to be noted as such
on the final plat.
Applicant's Justification for Private Streets (if proposed): None proposed.
Blocks Less Than 500': None
Cul-de-sac Design: None
Sidewalks:
The preliminary plat, date stamped by the City on September 27, 2018, delineates a detached 5 -
foot wide meandering sidewalk located in proximity to the west property line adjacent to North
Meridian Road.
Curbs and Gutters: None proposed.
Lighting:
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: No new streets proposed.
L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: See Item "K" Sidewalks above.
Bike Paths: None proposed.
M. PUBLIC USES PROPOSED: None proposed.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is located within the Eagle Fire District.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
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Mature Trees — Yes, located in proximity to North Meridian Road, southwest corner of the
property, and the existing home.
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — No
Unique Animal Life — No
Unique Plant Life — No
Unstable Soils — No
Wildlife Habitat — No
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 October 22, 2018, are of special
concern (attached to the staff report).
City Water Superintendant: Email indicating the property is located within the Suez water
certificated area.
Ada County Highway District
Andeavor
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Jerry Kiser (on behalf of the Farmers Union Ditch Company)
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:
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 8-1-2: Rules and Definitions:
Nonconforming Use
A building, structure or use of land existing at the time of enactment of this title, and which
does not conform to the regulations of the district in which it is situated.
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Yard:
A required open space, other than a court, unoccupied and unobstructed by any structure or
portion of a structure from three feet (3') above the general ground level of the graded lot
upward; provided, accessories, ornaments and furniture may be permitted in any yard, subject
to height limitations and requirements limiting obstruction of visibility.
Front Yard: A yard extending between the side lot lines across the front of a lot and from the
front lot line to the front of the principal building.
Interior Side Yard: A yard extending from the principal building to the side lot line on both
sides of the principal building between the lines establishing the front and rear yards.
Rear Yard: A yard extending between side lot lines across the rear of a lot and from the rear
lot line to the rear of the principal building.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Official Height and Area Regulations
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Area Minimum
District Height Side Side Lot Covered (Acres Or Sq. Ft.) G Lot
And H* Width I*
IR -E 1135' 150' 30' 120' 1135' 1120% 111.8 acres 11100'
• Eagle City Code Section 8-3-5: Unique Land Uses:
Certain unique land uses pose special problems that may have detrimental influences on
surrounding land uses. The following performance standards for such unique land uses shall
be adhered to in addition to all other provisions of this title:
A. Accessory Building:
1. Will not be located in any required front or street side yard area;
3. Accessory buildings one hundred twenty (120) square feet in area or larger shall
comply with the minimum setbacks as required in section 8-2-4 of this title and shall
be limited to a maximum height of twenty five feet (25').
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-2-3 (B)(1-5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request that
the subdivision application be processed as both a preliminary and final plat if all the
following exist:
1. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision
of the Zoning Title of the City.
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• Eagle City Code Section 9-3-2-1: Location and Design:
Streets and road location and design shall conform to the following standards:
J. Driveways: Driveways providing access to no more than two (2) dwelling units shall be
allowed within any subdivision.
• 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 9-4-1-9(C)(2): Pressurized Irrigation Facilities:
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 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.
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D. DISCUSSION (based on the preliminary plat/preliminary development plan, date stamped by the
City on September 27, 2018):
• Staff has reviewed the particular facts and circumstances of this proposed combined
preliminary and final plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5"
(minimum criteria to combine a preliminary and final plat), has made the following
conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. New street dedication or street widening is involved; therefore the final plat is not eligible
to be combined with the preliminary plat:
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision
of the Zoning Title of the City.
• Since ACHD is requiring North Meridian Road be widened and the dedication of additional
right-of-way associated with the road widening, the proposed subdivision does not meet all of
the criteria for a combined preliminary plat/final plat. The aforementioned discussion items
should be addressed prior to submittal of a final plat application. Therefore, staff recommends
approval of only the preliminary plat.
• The existing home (to remain) (as shown on the preliminary plat), is located within the
required side yard setback. Staff defers comment to the Commission and Council with regard
to requiring the home to be relocated to meet the 20 -foot side yard setback. If the Commission
and Council allow the dwelling unit to remain in its current location, condition of development
3.5 should remain. If the Commission and Council determine the home should be relocated,
condition of development 3.5 should be modified to require the home to be relocated.
• Pursuant to Eagle City Code Section 8-3-5(A)(1), accessory structures may not be located
within any required front yard area. The shop (to remain) (as shown on the preliminary plat) is
located within the front yard area of the existing home. Also, the shop (to remain) and barn (to
remain) (as shown on the preliminary plat), shows both structures located within the required
side yard setback and encroaching into the required 12 -foot wide utility and drainageway
easement located adjacent to the northern property line. If the Commission and Council allow
the shop and barn to remain at their current location, condition of development 3.6 should
remain. If the Commission and Council determine the shop and barn should be relocated,
condition of development 3.6 should be modified to require the shop and barn to be relocated.
• The preliminary plat shows both lots will gain access from a 35 -foot wide common driveway.
The 35 -foot wide common driveway also contains a utility easement. The applicant should be
required to provide an allocation of responsibility for repair and maintenance of the common
driveway providing access to Lots 1 and 2, Block 1. The owner should provide an operation
and maintenance manual including the funding mechanism as an addendum to the CC&Rs and
the repair and maintenance requirement should run with the land and that the requirement
cannot be modified and that the homeowner's association or other entity cannot be dissolved
without the express consent of the city. The operation and maintenance manual should be
reviewed and approved by the City Engineer prior to the City Clerk signing the final plat.
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• The applicant's engineer provided a revised irrigation report and formal pressure irrigation
request waiver, date stamped by the City on October 17, 2018. The report indicates that the
property has a surface water right of 4.25 miner inches (approximately 38.25 -gallons per
minute) distributed through Headgate #78 for flood irrigation. The surface water is provided
on a rotation basis for 12 -hours every 8 -days; therefore, the system will not support a
pressurized irrigation system. The applicant is requesting a waiver of the pressurized irrigation
system to allow the property owners to continue to flood irrigate the property and subsidize the
irrigation with a well to water the lawn and garden areas associated with each home. Pursuant
to Eagle City Code Section 9-4-1-9(C)(2)(b) in the event 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, 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. In this case the issue is
the timing of delivery. Staff recommends affirming the conclusion that the applicant has
provided sufficient information to meet the conditions of a waiver request based on Eagle City
Code Section 9-4-1-9(C)(2). A pressurized irrigation waiver request may be granted since the
irrigation purveyor cannot deliver the surface water in a timely manner. In the event the
Council approves a pressurized irrigation waiver, the applicant should provide construction
drawings showing infrastructure to provide flood irrigation to the two (2) lots. The applicant
should provide documentation showing the transfer of the appropriate irrigation water shares
to each lot prior to the City Clerk signing the final plat. (ECC 9-4-1-9[C][2])
• The preliminary plat shows two (2) existing fences encroaching into the 35 -foot common
driveway and utility easement approximately 105 -feet and 200 -feet from North Meridian Road
respectively. The applicant should be required to remove the existing fences encroaching into
the 35 -foot common driveway and utility easement prior to the City Clerk signing the final
plat.
• The preliminary plat delineates the easement lines, however, it does not define what use (i.e.
utilities, drainage, and/or irrigation) the easements are to be utilized. The applicant should be
required to provide a revised preliminary plat with new plat note which states, "Unless
otherwise shown and dimensioned, all lots are hereby designated as having a permanent
easement for public utilities, lot drainage, and irrigation over the six feet (6') adjacent to any
interior lot line, and over the twelve feet (12') adjacent to the subdivision boundary." The
revised preliminary plat should be provided prior to submittal of a final plat application.
• The properties located adjacent to the site are large parcels and may include 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 that 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 submittal of a final plat application.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff does not recommend approval of a combined
preliminary plat/final plat. Staff does recommend approval of a preliminary plat with the conditions 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
November 19, 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 applications was presented to the Planning and Zoning
Commission by no one.
C. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
one (1) individual (not including the applicant/representative) who indicated the following:
• A new owner of the proposed lot should have the ability to construct a home on the property at a
location they desire, and the city should not regulate the location of the home within the lot.
• The irrigation ditch located adjacent to North Meridian Road may be located within the right-of-
way and will more than likely be re -located or tiled as part of the road improvements.
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning
and Zoning Commission by three (3) individuals who indicated the following:
• Requests the city place a condition on the application which will create a building envelope within
the lot to ensure that a new home will not be constructed behind their residence.
• A condition should be placed on the application requiring that all utilities (i.e. powerlines) be
buried.
• A concern regarding the lack of sufficient water shares available to provide flood irrigation to the
site.
• A question regarding which ditch the applicant is proposing to tile.
COMMISSION DELIBERATION: (Granicus time 48:39)
Upon closing the public hearing, the Commission discussed during deliberation that:
• Can the city place a condition of approval on the application requiring the applicant to construct a new
home within a specific location within the site? The city should not be regulating the location of the
home on a large lot.
• In the event a home was constructed adjacent to the eastern property line that had a gravel driveway for
access, the driveway may not support heavy emergency equipment during the spring or irrigation
season.
• A long gravel driveway is not favorable for access.
• If a new home was placed in proximity to the western property line on the new lot, the location of the
home would have minimal impact on the adjacent property owners.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 5 to 0 recommend approval of A-06-18 and RZ-11-18 for an annexation and rezone
from RUT (Rural -Urban Transition — Ada County designation) to R -E -DA (Residential -Estates with a
development agreement) for Thomas Turgeon and Dawn Kelly with conditions of development to be
placed within a development agreement as provided within their findings of fact and conclusions of law
document, dated December 3, 2018.
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COMMISSION DECISION REGARDING THE COMBINED PRELIMINARY PLAT/FINAL
PLAT:
The Commission determined that the proposed subdivision does not meet the requirements of combining a
preliminary plat/final plat. The Commission voted 5 to 0 to recommend approval of the preliminary plat
only (PP/FP-O1-18) for Endless Views Subdivision for Thomas Turgeon and Dawn Kelly 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 December 3, 2018.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 8, 2019, 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 no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to approve A-06-18/RZ-1 1-18 for an annexation and rezone from RUT (Rural -
Urban Transition — Ada County designation) to R -E -DA (Residential -Estates with a development
agreement) for Thomas Turgeon and Dawn Kelly, with the following Planning and Zoning Commission
recommended conditions of development to be placed within a development agreement:
3.1 The maximum density for the Property shall be one (1) unit per two (2) acres.
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant 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 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.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of the common driveway providing
access to Lots 1 and 2, Block 1. 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
and that the homeowner's association or other entity cannot be dissolved without the express
consent of the city.
(b) 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
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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 The residential dwelling unit located at 2700 North Meridian Road shall be allowed to remain at its
current location. The side yard setback for the residential dwelling is 15 -feet. Should the dwelling be
replaced the new dwelling shall meet the setback requirements for the R -E (Residential -Estates)
zone.
3.6 The two (2) accessory structures located adjacent to the northern property line shall be allowed to
remain at their current locations. The side yard setback for the accessory structures located adjacent
to the northern boundary line is 7 -feet. Should either of the accessory structures be removed and/or
replaced, the new accessory structure shall meet the setback requirements for the R -E (Residential -
Estates) zone.
COUNCIL DECISION REGARDING THE COMBINED PRELIMINARY PLAT/FINAL PLAT:
The Council determined that the proposed subdivision does not meet the requirements of combining a
preliminary plat/final plat. The Council voted 4 to 0 to approve the preliminary plat only (PP/FP-01-18) for
Endless Views Subdivision (Exhibit A) for Thomas Turgeon and Dawn Kelly, with the following
Planning and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. This approval is for a preliminary plat only. A separate final plat application shall be required upon
completion of the Site Specific Conditions of Approval and Standard Conditions of Approval included
herein.
2. Comply with all conditions within the development agreement for rezone application RZ-11-18.
3. Comply with all requirements of the City Engineer.
4. 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.
5. A pressurized irrigation waiver request is hereby granted. The applicant shall provide construction
drawings showing infrastructure to provide flood irrigation to the two (2) lots. The applicant shall
provide documentation showing the transfer of the appropriate irrigation water shares to each lot prior
to the City Clerk signing the final plat.
6. Provide a revised preliminary plat with a new plat note stating, "Development of this property shall be
in conformance with Eagle City Code and consistent with the conditions of development within the
development agreement associated with RZ- 1 1 -18, or any subsequent modifications." The revised
preliminary plat shall be provided prior to submittal of a final plat application.
7. Provide a revised preliminary plat with a new plat note stating, "Any re -subdivision of this plat shall
comply with the applicable zoning and subdivision regulations in effect at the time of re -subdivision."
The revised preliminary plat shall be provided prior to submittal of a final plat application.
8. Provide a revised preliminary plat with a new plat note stating, "Lots shall not be reduced in size
without prior approval from the health authority." The revised preliminary plat shall be provided prior
to submittal of a final plat application.
9. Remove the existing fences encroaching into the 35 -foot common driveway and utility easement prior
to the City Clerk signing the final plat.
10. Provide a revised preliminary plat with new plat note which states, "Unless otherwise shown and
dimensioned, all lots are hereby designated as having a permanent easement for public utilities, lot
Page 12 of 18
K:\Planning DeptIlia& Application.+1SUBS12ul8u?ndless views Sub xI dne
drainage, and irrigation over the six feet (6') located adjacent to any interior lot line, and over the
twelve feet (12') located adjacent to the subdivision boundary." The revised preliminary plat shall be
provided prior to submittal of a final plat application.
11. Provide a revised preliminary plat with a new plat note that 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 submittal of a final plat application.
12. Provide a copy of the Central District Health Department (CDHD) application and engineering report
or correspondence from CDHD indicating the subdivision has been reviewed and approved by CDHD
prior to the City Clerk signing the final plat.
13. 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.
14. 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 on the side lot lines, or as approved by the Design Review Board and within five -
feet (5') of the edge of the roadway. 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 within landscape strips.
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.
15. The Endless Views Subdivision shall remain under the control of one Homeowners Association.
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.
Page 13 of 18
K:11'Ianning Ilcpilliaglc Applications\SURS12011iliindlcss Views Sub cd doc
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
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
Page 14 of 18
K:1Planning Dept\Eaglc Applications1SUBS120181Endlc+.. Views Sub ccl.doc
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.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
16. An approval letter from the 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.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
Page 15 of 18
K:Manning Dcptlliaglc Applications1SUBS12O18Uindlcss Views Sub cct' doe
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways
Development Commission prior to approval of the final plat by the City Council.
21. Conservation, recreation and river access easements (if applicable) shall be approved by the staff
and the City Engineer and shall be shown on the final plat prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the flood plain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the 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.
31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
Page 16 of 18
K:Wbnning IhpI\Eagle Applicalioml5UBS12III811:ndlcss Views Suhccl:doc
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-06-18/RZ-11-18) 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:
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;
c. 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 north since that area is designated as Estate Residential in the Comprehensive Plan and may
be 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 -DA (Residential -Estates with a development agreement) zone and land
use to the south since that area is designated as Estate Residential in the Comprehensive Plan has
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 designated as Estate Residential in the Comprehensive Plan and may
be developed with lots of similar size;
f. The proposed R -E -DA (Residential -Estates with a development agreement) zoning district is
compatible with the R-1 (Residential — Ada County designation) zone and land use to the west
since that area is designated as Neighborhood Residential with a Transitional Overlay in the
Comprehensive Plan and has been developed with lots of similar size;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan; and
Page 17 of 18
KAN:inning Dept Application.\ SUBS1201811Entiless View. Subocrdoc
h. As stated in the development agreement, the side setback for the existing dwelling located adjacent
to the east property line and the side setbacks for the accessory structures located adjacent to the
northern property line are recognized where they are currently located and will be permitted to
remain until such time they are replaced. Therefore, no non -conforming uses are expected to be
created with this rezone.
The Council reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat (PP/FP-01-18) and, in terms of Eagle City Code Section 9-2-3(B)(2)[no new street
dedication or street widening is involved], has made the following conclusion:
The Council determined the preliminary plat and final plat cannot be combined since the applicant is
required to dedicate additional right-of-way and widen North Meridian Road. Therefore, additional
Information will be required to address the aforementioned items prior to approval of a final plat.
3. The Council reviewed the particular facts and circumstances of the proposed preliminary plat (PP/FP-
01-18) and based upon the information provided concludes that the proposed preliminary plat is in
accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the residential land use designation of this area shown within the Comprehensive
Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police and
fire protection, schools, drainage structures, refuse disposal, well and septic systems; 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 ACHD, Central
District Health Department, and Eagle Fire 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.
DATED this 22nd day of January, 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City Clert
Reconsideration Notice Applicant has the right, pursuant to Section 67-6535, Idaho Code. to request a reconsideration within
fourteen (14) days of the final written decision
Page 18 of 18
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