Findings - PZ - 2024 - RZ-11-23 & PP/FP-02-23 - Oakwood Meadows - Rezone from R-E to R-2-DA and Combined Preliminary Plat/Final Plat for Oakwood Meadows Subdivision BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A REZONE FROM R-E [RESIDENTIAL )
ESTATES] TO R-2-DA [RESIDENTIAL WITH )
DEVELOPMENT AGREEMENT] AND COMBINED )
PRELIMINARY PLAT/FINAL PLAT FOR )
OAKWOOD MEADOWS SUBDIVISION FOR )
SHANE MACE—BUFFALO HUMP,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-11-23 & PP/FP-02-23
The above-entitled rezone with a development agreement and combined preliminary plat/final plat
applications came before the Eagle Planning and Zoning Commission for their recommendation on
February 5, 2024, at which time public testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time. The Eagle Planning and Zoning Commission,
having heard and taken oral and written testimony, and having duly considered the matter, makes the
following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Shane Mace—Buffalo Hump, LLC, represented by Sanel Tucakovic, is requesting a rezone from
R-E (Residential-Estates) to R-2-DA (Residential with a development agreement) and combined
preliminary plat and final plat approvals for Oakwood Meadows Subdivision,a 5-lot(4-buildable,
1-common) residential subdivision. The 2.8-acre site is located on the north side of West
Oakhampton Drive approximately 200-feet east of the intersection of West Oakhampton Drive
and South Mallard Wing Way at 1920 West Oakhampton Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, Wednesday, June 21, 2023, in compliance
with the application submittal requirement of Eagle City Code. The applications for this item
were received by the City of Eagle on October 5,2023.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on October 12, 2023, in accordance with the
requirements of the Eagle City Code. 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 January 19, 2024. Notice of this public
hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter
65,Idaho Code and Eagle City Code on January 19,2024.The site was posted in accordance with
the Eagle City Code on January 25, 2024.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 10, 2015, the City Council approved an annexation and rezone from RUT (Rural-
Urban Transition —Ada County designation) to R-E (Residential-Estates) for Shane and Sharon
Mace(A-04-14/RZ-04-14).
On February 10, 2015, the City Council approved a setback waiver and conditional use permit to
allow a mobile home occupied by a family member to be located on the property(CU-07-14).
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E. COMPANION APPLICATIONS:All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood R-E(Residential-Estates) Single-family dwelling
Proposed Neighborhood R-2-DA(Residential with a Residential subdivision
development agreement)
North of site Neighborhood R-2-P(Residential—PUD) Single-family
residential subdivision
(Banbury Meadows)
South of site Neighborhood R-2-DA-P(Residential with a Single-family
development agreement—PUD) residential subdivisions
(Banbury Meadows
and Creighton Woods)
•
East of site Neighborhood R-3-DA(Residential with a Single-family
development agreement) residential subdivision
(Banbury Meadows)
West of site Neighborhood R-2-DA-P(Residential with a Single-family
development agreement—PUD) residential subdivision
(Creighton Woods)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site—2.8-acres
Total Number of Lots—5
Residential—4
Commercial—0
Industrial—0
Common— 1
Total Number of Units -
Single-family—4
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.4 dwelling units/acre 1.4 dwelling units/acre (as
limited by the development
agreement)
Minimum Lot Size 0.58-acres 0.39-acres
Minimum Lot Width 117.25-feet 75-feet
Minimum Street Frontage 75-feet 35-feet
Total Acreage of Common Area 0.51-acres 0.5-acres(minimum)
Open Space
Percent of Site as Common Area 18.2% 18%(minimum)
Percent of Common Area Open 83.7% 15%(minimum)
Space as Active OS
GENERAL SITE DESIGN FEATURES:
Open Space:
A total of.51-acres, approximately 18.2% of open space, is proposed within the subdivision. The
open space is contiguous to all four lots within the subdivision. The subdivision contains a large
common lot which may be utilized as a children's play area or a dog play area.
Storm Drainage and Flood Control:
Storm drainage and parking lot construction plans were submitted with this application and are
required to be reviewed and approved by the City Engineer. Lots are required to be graded so
that all runoff runs either over the curb, or to drainage easements, 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 10-feet wide.The
proposed easement widths are in conformance with Eagle City Code.The applicant will be
required to bury the overhead power located within the site.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Meridian Fire District.
On-site Septic System—Yes
The site contains an existing residential dwelling. The applicant will be required to provide proof
indicating the septic system has been abandoned.
Preservation of Existing Natural Features:
There are a few mature trees located within the site. 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.
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Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires immediate
notification to the state.
J. STREET DESIGN:
Public or Private Streets:
West Oakhampton Drive is an existing public street located on the south side of the site.No new
streets are proposed with this application.
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500':N/A
Cul-de-sac Design:N/A
Sidewalks:
The subject property is currently fronted with a detached sidewalk which is located adjacent to
West Oakhampton Drive. The frontage of West Oakhampton Drive is complete with pre-existing
curb,gutter, and planter strip with landscaping and sidewalk.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards have been constructed
abutting West Oakhampton Drive.
Street Names:No new streets are proposed with this application.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: See discussion under"Sidewalks"above.
Bike Paths:None proposed.
L. PUBLIC USES PROPOSED:None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion— No
Fish Habitat— No
Floodplain—No
Mature Trees—Yes—located within three(3)of the proposed lots
Riparian Vegetation— No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life— No
Unstable Soils— No
Wildlife Habitat— No
Historical Sites— No
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required.
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P. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Fish and Game
Idaho Transportation Department
City Engineer: All comments within the Engineer's letter dated January 10, 2024, are of special
concern(attached to the staff report).
Eagle Historic Preservation Commission (HPC): All comments within the HPC email dated
October 12,2023 are of special concern(attached to the staff report).
Q. LETTERS FROM THE PUBLIC:
Letter received from Dave Yorgason, Creighton Woods HOA President, dated January 30, 2024
(attached to the staff report).
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.3 Land Use Designation
The Comprehensive Plan Future Land Use Map (adopted November 14, 2017), designates this
site as the following:
Neighborhood Residential
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established,Purposes, and Restrictions:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre.
Multi-family and two-family units/developments are prohibited in R-1, R-2,R-3,R-4, and R-
5 zoning districts, unless approved as part of a planned unit development(PUD). Centralized
water and sewer facilities are required for all subdivision and parcel division applications
submitted after the effective date hereof in all zoning districts except the city council any
permit the use of individual well(s) and septic systems(s) in the A, A-R, and R-E zoning
districts upon a determination that the public heath, safety, and welfare will not be negatively
impacted. Whenever there is a conflict or difference between the provisions of this section
and those of other chapters and/or other titles, the chapter or title with the more restrictive
provision shall prevail. When a property is being proposed for rezone to the R zoning district,
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a development agreement may be utilized in lieu of a PUD and/or conditional use process if
approved by the city council, provided the development agreement includes conditions of
development that are required during the PUD and conditional use process.
C. SUBDIVISION CODE PROVISIONS WHICH ARE 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.
• Eagle City Code Section 9-4-1-9: Water Supply and Sewer Systems:
A. Construction; Extension: All public water supply or sewer systems (serving 2 or more
separate premises or households) shall be constructed in accordance with any adopted
local plans and specifications. All new public water supply or sewer systems shall be an
extension of an existing public system whenever possible. In the event that the proposed
public water supply or sewer system is not an extension of an existing public system,
there shall be a showing by the subdivider that the extension is not feasible and not in the
best interest of the public.
B. Approval Of Plans: All water and sewer plans shall be submitted to the Idaho department
of health and welfare or its authorized agent for approval in accordance with the
provisions of section 50-1326,Idaho Code.
C. Pressurized Irrigation Facilities:
1. All residential dwelling units and subdivision common areas shall be provided with a
pressurized irrigation system to be served with irrigation water from a surface water
right 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.
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a. The pressurized irrigation system may have a backup connection to a potable
water system with the approval of the city, city engineer, and the potable water
purveyor, and the installation of a state approved reduced pressure backflow
prevention assembly or an air gap separating the irrigation system and the potable
water system. The operation, maintenance, associated costs, and annual
inspection of the backup connection and the backup system's reduced pressure
backflow prevention assembly shall be the responsibility of the entities as
determined in "Pressure Irrigation Standards" of this section. Individual backup
connections to individual lots by individual lot owners shall be prohibited with
the exception of the common area lots owned and maintained by the
homeowners'association.
b. The pressurized irrigation system shall be designed by a licensed professional
engineer registered in the state of Idaho, and the construction plans for the system
shall be reviewed and approved by the city engineer.
2. The requirement for installation of a pressurized irrigation system may be waived by
the city council when the applicant has established that any of the following
situations exist(the sale or transfer of an existing water right shall not be grounds for
requesting a waiver pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the property.
The lack of surface irrigation water right shall be documented in writing by the
appropriate irrigation district or canal company and the department of water
resources and shall be submitted with the subdivision preliminary plat. In this
case a waiver shall only be granted for that portion of the subdivision that cannot
be served.
b. Where an existing surface water right cannot be delivered to the property by an
irrigation district or canal company due to current delivery capacity or
scheduling. In these situations the city council may still require the installation of
the pressure irrigation system,provided water rights can be made available to the
property and delivery system modifications can be made so irrigation water can
be supplied within two(2)years.
c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the city engineer. The applicant shall present the
proposed alternative delivery system to the city engineer at the time the waiver is
requested.
d. That due to the specific circumstances surrounding a new subdivision, the cost of
obtaining water rights, reestablishing water rights or developing the system
would impose an undue economic hardship on the developer. For purposes of
this section, an undue 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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The developer shall bear the burden of providing documentation, acceptable to
the city engineer and city council, demonstrating and supporting the estimated
costs of construction of the pressurized irrigation system, and the cost per lot for
irrigation systems in those subdivisions built in the last two (2) years as noted
above, and the expected market value of the subdivision lots. For phased
developments, costs will be analyzed over all phases of the development rather
than the first phase only.
3. Should installation of a pressurized irrigation system be waived by the city engineer,
as outlined herein,compliance to Idaho Code 31-3805 is still required.
4. Requests for waivers shall be submitted to the city with the preliminary plat
application and shall be accompanied by an irrigation report, prepared by a licensed
Idaho registered professional engineer, stating the location and availability of surface
irrigation water and documenting the basis for the waiver request. If applicable, the
irrigation report shall be accompanied by a letter from the irrigation district or canal
company stating that water rights and/or a delivery system are not available to the
property.
D. DISCUSSION (based on the revised preliminary plat, date stamped by the City on January 11,
2024, and the revised final plat, date stamped by the City on January 11, 2024):
• 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. Does not involve new street dedication or street widening;
3. Does not involve major special development considerations 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.
• The overall site development must comply with the requirements of Eagle City Code and the
conditions of approval for a Design Review application.
• The preliminary and final plat notes do not identify the lots and blocks which contain the
ACHD storm water drainage system. The applicant should be required to provide revised
preliminary and final plats with a new plat note stating, "A portion of Lot , Block , is
servient to and contains the ACHD storm water drainage system. The lots are encumbered by
the certain first amended master perpetual storm water drainage easement recorded on
November 15, 2015, as instrument no. 2015-013256 official records of Ada County, and
incorporated herein by this reference as if set forth in full (the "Master Easement"). The
Master Easement and the storm water drainage system are dedicated to ACHD pursuant to
Section 40-2302 Idaho Code. The Master Easement is for the operation and maintenance of
the storm water drainage system. The revised preliminary and final plat should be provided
prior to the City Clerk signing the final plat.
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• The preliminary plat shows overhead power provided service to the existing building within
the development within Lot 3, Block 1. The overhead power located internal to the site
should be removed prior to the City Clerk signing the final plat.
• The proposed development relies on the previously constructed Creighton Woods pressure
irrigation(PI)station to provide PI. During the construction of Creighton Woods Subdivision,
a pressurized irrigation stub was provided to the subject property. To connect to the
Creighton Woods PI system, the applicant will need to negotiate a user agreement with
Creighton Woods HOA. The applicant should provide a copy of the executed pressurized
irrigation agreement between Oakwood Meadows Subdivision and Creighton Woods
Subdivision Homeowner's Association prior to the issuance of a notice to proceed with
construction (NTP) letter by the City -OR- construct a stand-alone pressurized irrigation
system in accordance with Eagle City Code Section 9-4-1-9 (C) prior to the City Clerk
signing the final plat. If a stand-alone system used solely for Oakwood Meadows is utilized,
the design of the system should be reviewed and approved by the City Engineer prior to the
issuance of a NTP letter by the City.
• The applicant has proposed a common lot located along the rear of the proposed residential
lots. As proposed, there is no access to provide maintenance to the common lot and access
would have to be taken through one of the residential lots. The applicant should provide
revised preliminary and final plats with either(1) a common lot or (2) a maintenance access
easement at least 15-feet wide along the western perimeter of Lot 1, Block 1 to provide
access to the common lot for landscape maintenance. The revised preliminary and final plats
should be provided prior to the submittal of a design review application.
• The preliminary plat shows an existing house and existing buildings to be removed. The
applicant should be required to remove all of the existing buildings within the site prior to the
City Clerk signing the final plat.
PUBLIC HEARING OF THE COMMISSION: (Granicus time 02:14:58)
A. A public hearing on the applications was held before the Planning and Zoning Commission on
February 5, 2024, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by no one.
D. Oral testimony neither in opposition to nor in favor of the applications was presented to the Planning
and Zoning Commission by one(1)individual who indicated the following concerns:
• The Creighton Woods Homeowner's Association has hired and retained an irrigation specialist to
review the pressurized irrigation system and determine plans for adequate capacity should the
applicant choose to connect their Pressurized Irrigation (PI) system to the Creighton Woods stub
that was provided to the subject property.
• The placement of the proposed common area behind the residential lots, the lack of access to it,
and the likelihood of future Oakwood Meadows residents using the Creighton Woods common
areas.
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• The planter strips located in front of the proposed residential lots were originally constructed with
Creighton Woods Subdivision and are currently being maintained by the Creighton Woods
Homeowners Association. The Creighton Woods Homeowners Association would like to
negotiate an agreement regarding the continued maintenance and/or transfer of maintenance of
the planter strips located in front of Oakwood Meadows Subdivision.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information provided by
staff and the testimony provided.A summary of the deliberation can be found at the following link:
https://eagle-id.granicus.com/player/clip/1833?meta id=90945
(Granicus time:02:23:56)
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 4 to 0 (McLaughlin absent) to recommend approval of RZ-11-23 for a rezone
from R-E(Residential Estates)to R-2-DA(Residential with a development agreement)with the following
staff recommended conditions to be placed within a development agreement, with underline text to be
added by the Commission and strikethrough text to be deleted by the Commission:
3.1 The maximum density for the Property shall be 1.43 dwelling units per acre (4 single-family
dwellings).
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 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 fencing. 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 the
requirement cannot be modified and the homeowner's association or other entity cannot be
dissolved without the express consent of the city.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chain-link) 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.
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3.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating the
Property has been annexed into the Eagle Sewer District's service boundaries prior to the City
Clerk signing the final plat mylar. Owner shall comply with all applicable Eagle Sewer District's
regulations and conditions prior to the City Clerk signing the final plat mylar. A letter of approval
shall be provided to the City from the Eagle Sewer District approving construction plans prior to
the issuance of a"Notice to Proceed" with construction letter. Prior to the issuance of any building
permits,Owner shall provide proof of central sewer service to the proposed residential use.
3.6 Owner shall connect the four(4)proposed residential lots to central water service.
3.7 Owner shall comply with all of Idaho Power Company requirements, including, but not limited to,
the separation distance between an electrical transformer and structure.
3.8 Owner shall submit a design review application showing at a minimum: 1)proposed common area
landscaping, 2) elevation plans for the irrigation pump house (if proposed), 3) landscape screening
details of the irrigation pump house (if proposed), and 4) useable amenities such as picnic tables,
covered shelters, benches, gazebos, water features, and/or similar amenities (if proposed). The
design review application shall be reviewed and approved by the Eagle Design Review Board and
Eagle City Council prior to the City Clerk signing the final plat mylar. the issuance of a Notice to
Proceed(NTP)with construction letter by the City.
COMMISSION DECISION REGARDING THE COMBINED PRELIMINARY/FINAL PLAT:
The Commission voted 4 to 0 (McLaughlin absent) to recommend approval of PP/FP-02-23 for a
combined preliminary and final plat for Oakwood Meadows Subdivision with the following staff
recommended site specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-11-23.
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 revised preliminary and final plats with a new plat note stating, "A portion of Lot _,
Block _, is servient to and contains the ACHD storm water drainage system. The lots are
encumbered by the certain first amended master perpetual storm water drainage easement
recorded on November 15, 2015, as instrument no. 2015-013256 official records of Ada County,
and incorporated herein by this reference as if set forth in full (the "Master Easement"). The
Master Easement and the storm water drainage system are dedicated to ACHD pursuant to
Section 40-2302 Idaho Code. The Master Easement is for the operation and maintenance of the
storm water drainage system. The revised preliminary and final plat shall be provided prior to the
City Clerk signing the final plat.
5. The overhead power located internal to the site shall be removed prior to the City Clerk signing
the final plat. (ECC 9-4-1-8)
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6. Provide a copy of the executed pressurized irrigation agreement between Oakwood Meadows
Subdivision and Creighton Woods Subdivision Homeowner's Association prior to the issuance of
a notice to proceed with construction (NTP) letter by the City -OR- construct a stand-alone
pressurized irrigation system in accordance with Eagle City Code Section 9-4-1-9 (C)prior to the
City Clerk signing the final plat. If a stand-alone system used solely for Oakwood Meadows is
utilized, the design of the system shall be reviewed and approved by the City Engineer prior to
the issuance of a NTP letter by the City.
7. Provide revised preliminary and final plats with either (1) a common lot or (2) a maintenance
access easement at least 15-feet wide along the western perimeter of Lot 1, Block 1 to provide
access to the common lot for landscape maintenance. The revised preliminary and final plats
should be provided prior to the submittal of a design review application.
8. The applicant shall remove all the existing buildings within the site prior to the City Clerk signing
the final plat.
9. The developer shall provide shade-class trees(landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be
placed at the front of each lot generally at each side property line, or as approved by the Design
Review Board. The trees shall be located within an 8-foot-wide landscape strip between the 5-
foot-wide concrete sidewalk and the curb. 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. (ECC 8-2A-7[E] and
ECC 8-2A-18)
10. The developer shall provide a detailed arborist report and a tree inventory map identifying all
existing trees located on site. The report shall identify, at a minimum, species, size, and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application. All living trees shall be preserved, unless otherwise determined by the Design
Review Board and the City Council. 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 City
Council) shall be provided for City Council final 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. No trees shall be removed from the site prior to city approval of a tree removal and
replacement plan.
11. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat.
12. 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).
13. The Oakwood Meadows Subdivision shall remain under the control of one Homeowners
Association.
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14. The applicant shall bury all above ground utilities (other than transmission lines within the right
of way)prior to the City Clerk signing the final plat mylar. (ECC 9-4-1-8)
15. 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 prior to the City
Clerk signing the final plat mylar.
16. 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.
17. The applicant shall provide a letter from the project contractor stating that all existing buildings
and the drain field within the site have been removed prior to the City Clerk signing the final plat
mylar.
18. Owner shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with Oakwood Meadows Subdivision. The CEP Funding Plan shall be
executed by the Owner and City prior to the City Clerk signing the final plat mylar. (ECC 8-6-
7[B])
19. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required
to install municipal fiber-optic conduit lines along all streets in accordance with the City's Fiber
Master Plan. The applicant shall conduct a pre-application meeting with the City of Eagle Fiber
Department prior to the issuance of the "Notice to Proceed" with construction letter. Upon
completion of the installation of the municipal fiber-optic conduit lines, the applicant shall
provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal
fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit
lines shall be dedicated to the City prior to the City Clerk signing the final plat mylar.
20. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
the City Clerk signing the final plat mylar.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs,gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to
the platted property. The developer may submit a letter in lieu of plans explaining why plans may
not be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C.Title 50,Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
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6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-
8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed
on the street side of the home or shall have their sewer drainage system designed with a stub at
the house front to allow for future connection to a public sewer system.
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
surety 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, for irrigation water or irrigation wastewater owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall
be obstructed,routed,covered or changed in any way unless such obstruction,rerouting, covering
or changing has first been approved in writing by the entity. A Registered Engineer shall certify
that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste
ditch(1)has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards
for Public Works Construction. A copy of such written approval and certification shall be filed
with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
12. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal
used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district,canal company, ditch association, or other irrigation entity associated
with such ditch,pipe or other structure, or canal. The applicant shall submit a copy of the written
approval from the irrigation entity prior to the City Clerk signing the final plat.
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13. Street light plans shall be submitted and approved as to the location, height and wattage to the
City Engineer prior to the City Engineer signing the final plat. All construction shall comply with
the City's specifications and standards.
14. The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
streetlights shall be the responsibility of the applicant,subdivider,business owner,homeowner,or
homeowner's/business owner's association,whichever the case may be.
15. 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.
16. 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.
17. 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.
18. An approval letter from the Meridian 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 Meridian
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
Meridian 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 Meridian Fire Department prior to issuance of any
building permits.
d. The proposed fire protection system shall be reviewed and approved by the Meridian
Fire Department prior to issuance of a building permit.
19. 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.
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20. 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.
21. 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.
22. 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, Pathways, and Recreation
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.
23. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Parks, Pathways, and Recreation Commission and shall be shown on the final plat prior to
approval of the final plat by the City Council.
24. 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".
25. 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.
26. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
27. 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.
28. 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.
29. Basements in homes in the flood plain are prohibited.
30. 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.
31. 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.
32. 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 Code Title 9 "Land Subdivisions" until the final plat has received the approval
of the City Council(ECC 9-6-5 (A)(2)).
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33. 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.
34. 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.
35. 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, Eagle Sewer District, Ada County Treasurer, Ada County Highway
District Commissioners,City Engineer, and City Clerk.
36. The City's actions on the application do 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.
37. 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.
38. 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.
39. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone(RZ-11-23)
in terms of Eagle City Code Section 8-7-5 (F) (1) "Action by the Commission and Council" and has
made the following conclusions regarding the proposed rezone:
A. The proposed rezone is in accordance with the Comprehensive Plan and established goals and
objectives because the proposed zoning designation of R-2-DA (Residential with a development
agreement) is in accordance with the land use designation of Neighborhood Residential as shown
within the Comprehensive Plan. The Neighborhood Residential designation, as identified in the
Comprehensive Plan land use map, is suitable for single family residential units with densities
that may range between 2 to 4 units per acre, and;
B. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are expected to be provided, to serve
any and all uses allowed on this property under the proposed zone as noted in correspondence
from said agencies,and;
C. The proposed zone is compatible with the zoning and uses in the surrounding area since the
adjacent residential subdivisions (Banbury Meadows Subdivision No. 8 and Creighton Woods
Subdivision)were developed with similar densities,and;
D. No non-conforming uses will be created with this rezone.
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2. The Commission reviewed the particular facts and circumstances of the proposed preliminary plat
(PP/FP-02-23)and based upon the information provided concludes that the proposed preliminary plat is
in accordance with 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 Neighborhood 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, Eagle
Sewer District, and Central District Health Department 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 Commission's
attention have been adequately addressed by the applicant or will be conditions of approval as
set forth within the conditions of approval herein.
3. The Commission reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat(PP/FP-02-23) 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. No new street dedication or street widening is involved, since the subject property is located on
West Oakhampton Drive which was constructed during the development of Creighton Woods
Subdivision. The frontage of West Oakhampton Drive is complete with pre-existing curb, gutter,
and planter strip with landscaping and sidewalk.
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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DATED this 20th day of February 2024.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright,Chairm
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