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Findings - PZ - 2024 - RZ-09-23 & PP-06-23 - Northern Lights - Rezone from A-R [Argicultural Residential] to R-E-DA (Residential Estates with a Development Agreement [In Lieu of a Conditional Use Permit]) and Preliminary Plat for Northern Lights Sub BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A REZONE FROM A-R[AGRICULTURAL ) RESIDENTIAL] TO R-E-DA(RESIDENTIAL- ) ESTATES WITH A DEVELOPMENT ) AGREEMENT [IN LIEU OF A CONDITIONAL ) USE PERMIT])AND PRELIMINARY PLAT ) FOR NORTHERN LIGHTS SUBDIVISION ) FOR KATHLEEN AND SCOTT HENDRICKS ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER: RZ-09-23&PP-06-23 The above-entitled rezone with a development agreement (in lieu of a conditional use permit), and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on March 18, 2024, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Kathleen and Scott Hendricks, represented by Stephanie Hopkins with KM Engineering, LLP, is requesting a rezone from A-R (Agricultural-Residential) to R-E-DA (Residential-Estates with a development agreement [in lieu of a conditional use permit]), and preliminary plat approvals for Northern Lights Subdivision, a 2-lot (2-buildable) residential subdivision. The applicant is also requesting waivers of the sidewalk, front setback of the existing dwelling, and streetlights. The approximately 4.52-acre site is located at the southeast corner of East Beacon Light Road and North Rocket Bar Road at 2636 North Rocket Bar Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 6:00 PM, on Thursday,May 4, 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 September 11, 2023. A revised narrative and revised preliminary plat were received by the City on March 1,2024. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on September 15, 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 March 1,2024. 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 March 1, 2024. The site was posted in accordance with the Eagle City Code on February 27,2024. D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None. E. COMPANION APPLICATIONS: All applications are included herein. Page 1 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northern Lights Sub RZ PP\Working Files\Northem Lights Sub PZF.doc F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's narrative, date stamped by the City on March 1, 2024 (attached to the staff report). G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Estate Residential and A-R(Agricultural- Single-family Floodway Residential) residence and pasture Proposed No Change R-E-DA(Residential-Estates Residential with Development subdivision Agreement[in lieu of a Conditional Use Permit]) North of site Agriculture/Rural and RUT(Residential—Ada Single-family Floodway County designation) residential subdivision(Triple Ridge Estates Subdivision) South of site Estate Residential and A-R(Agricultural- Single-family Floodway Residential) residential subdivision (Rocket Bar Subdivision) East of site Estate Residential R-E(Residential-Estates) Two(2)single- family residential subdivisions (Rocket Bar and Bogus Ridge Subdivisions) West of site Estate Residential and A-R(Agricultural- Single-family Floodway Residential) residential subdivision (Rocket Bar Subdivision) H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA,TDA,CEDA,or DSDA. Page 2 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northem Lights Sub RZ PP\Working Files\Northern Lights Sub PZF.doc SITE DATA: Total Acreage of Site—4.52-acres Total Number of Lots—2 Residential—2 Commercial—0 Industrial—0 Common—0 Total Number of Units—2 Single-family—2 Single-family attached—0 Two-family—0 Multi-family—0 Total Acreage of Any Out-Parcels—none ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross .44-units per acre .50-units per acre Acre maximum Minimum Lot Size 1.81-acres 1.80-acres(minimum) Minimum Lot Width 306-feet 100-feet(minimum) Minimum Street Frontage 306-feet 35-feet(minimum) Total Acreage of Common 0-acres 0-acres Area Percent of Site as Common 0% 0% Area J. GENERAL SITE DESIGN FEATURES: Open Space: Because this subdivision is proposed to be located within a R-E (Residential-Estates) zoning district,a minimum amount of open space is not required,and none is proposed Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 10-feet wide. Fire Hydrants and Water Mains: The lots within the subdivision are proposed to be served by individual wells. On-site Septic System(yes or no)—Yes Page 3 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northern Lights Sub RZ PP\Working Files\Northern Lights Sub PZF.doc Pressurized Irrigation: See attached, "Northern Lights Subdivision, Eagle, Idaho — Pressure Irrigation Report Supplement." Preservation of Existing Natural Features: The site contains mature trees located in proximity to the existing dwelling and in proximity to the north property line adjacent to East Beacon Light Road. The existing trees will be maintained at their current locations. 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: See the ACHD staff report,date stamped by the City on September 21,2023 (attached). Blocks Less Than 500':None. Cul-de-sac Design:N/A Sidewalks: North North Rocket Bar Road abutting this parcel is currently not improved with any curb, gutter or sidewalk. The applicant is requesting a waiver of the requirement to construct a sidewalk adjacent to North North Rocket Bar Road and East Beacon Light Road. Curbs and Gutters:None Lighting: The applicant is requesting a waiver of the requirement to install streetlights. Street Names: There are no new streets proposed with this development. L. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways:None. 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 subdivision will be served by individual well and septic systems. P. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—No Evidence of Erosion—No Fish Habitat—No Floodplain—Yes — Dry Creek, the entire site is located within an AE Zone as identified on the Flood Insurance Rate Map (FIRM),Panel No. 16001C0152H,effective February 19,2003 Mature Trees—Yes—Mature trees located in proximity to the existing dwelling and in proximity to the north property line. Riparian Vegetation—No Steep Slopes—No Page 4 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northern Lights Sub RZ PP\Working Files\Northern Lights Sub PZF.doc Stream/Creek—No Unique Animal Life—No Unique Plant Life—No Unstable Soils—No Wildlife Habitat—No Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: See Northern Lights Subdivision Natural Features Analysis, date stamped by the City on September 11,2023 (attached to the staff report). R. AGENCY RESPONSES: The following agencies have responded,and their correspondence is attached to the staff report. ACHD Central District Health Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Transportation Department Sawtooth Law(on behalf of Farmers Union Ditch Company,Ltd.) City Engineer: All comments within the Engineer's letters dated February 5, 2024, are of special concern(attached to the staff report). Eagle Historic Preservation Commission (HPC): All comments within the HPC email dated September 18,2023,are of special concern(attached to the staff report). S. LETTERS FROM THE PUBLIC:None. 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 Designations The Comprehensive 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. Floodway Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency Management Administration Flood Insurance Rate Maps (FIRM) along the Boise River and Dry Creek (generally shown as floodway on the Land Use Map). These areas are to remain open space because of the nature of the floodway which can pose significant hazards during a flood event. Floodway areas are excluded from being used for calculating residential and development densities. Any portion of the floodway developed as a substantially improved wildlife habitat and/or wetlands area that is open to and usable by the public for open space, such as pathways, ball fields, parks, or Page 5 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northern Lights Sub RZ PP\Working Files\Northern Lights Sub PZF.doc similar amenities, as may be credited toward the minimum open space required for a development, if approved by the City Council. When discrepancies exist between the floodway boundary shown on the Land Use Map and the floodway boundary shown on the FIRM maps so that the floodway area is smaller than that shown on the Land Use Map, the adjacent land use designation shown shall be considered to abut the actual floodway boundary. 6.4.3 General Land Use Implementation Strategies Q. Support City of Eagle flood and storm drainage regulations to achieve protection of property rights,environmental protection and flood damage reduction for community residents. Chapter 7: Natural Features,Hazard Areas& Special Sites 7.1.2 Hazard Areas FLOODWAY/FLOODPLAIN: The Floodplains of the Boise River and Dry Creek constitute a significant hazard area within Eagle and its' planning area. Future areas may be added to the Comprehensive Plan when deemed necessary. Areas of flooding consist of two parts: (1)the floodway which is the most severe area of flooding characterized by deep and fast-moving water; and(2)the floodplain which is less severe than the floodway and is characterized by shallower and slower moving waters at the time of flooding. The floodway is shown as a generalized area on the Future Land Use Map (See Chapter 6: Land Use). The Federal Emergency Management Administration (FEMA) maps show specifically where the floodway and floodplain boundaries are located. (Also, see Eagle City Code Title 10 for definitions of terms relating to the floodplain areas.) The Dry Creek floodplain has a potential for flash flooding while the Boise River is more likely to experience seasonal flooding due to winter run off and weather conditions. Retaining the 100 year floodplain of the Boise River and Dry Creek in a native state, wildlife habitat, agricultural, and open space area, should be encouraged. Trail and open spaces uses may be encouraged when not in conflict with native uses. 7.1.3 Special Areas&Sites(Reads in part) "Special Areas and Sites" are defined as areas, sites or structures of historical, archaeological, architectural, ecological, or scenic significance. Special areas or sites should be analyzed according to their defined function. Whenever possible, these sites should be preserved and conserved as open spaces or for educational and cultural centers. Development of Special Areas or Sites should take place in a manner that reflects harmony with their natural environment and recognizes qualities which render them distinctly unique. The Boise River Floodplain, the Head of Eagle Island, the Dry Creek Floodplain, and the North Foothills each possess a recognized function as a wildlife habitat, floodway and scenic natural resource reflective of Eagle's rural character. These special areas will require comprehensive and specific planning to ensure that such topographical, hydrological, ecological, architectural and scenic concerns have been thoroughly addressed and incorporated into any engineering and development plans. The special review process should include,but not be limited to the following: • Area wide drainage plans including hillsides, foothills and gulches • Water quality • Sanitation • Area-wide traffic plans Page 6 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northem Lights Sub RZ PP\Working Files\Northern Lights Sub PZF.doc • Pathways and trail access • Wetlands issues • Fish and wildlife habitat • Existing trees and natural features • River and creek greenbelt areas • Potential for permanent open space and natural preserves including steep hillside terrain,rock outcroppings and foothill gulches. Chapter 9: Parks,Recreation,&Open Spaces 9.3.2 Active Recreation Goal B. To create a pathway system that provides interconnectivity of schools, neighborhoods,public buildings,businesses, and parks and special sites. C. Provide a system of neighborhood parks where safe and convenient access is available to residents. D. Provide a system of interconnected parks, trails, and open spaces throughout the City. Require all development to provide developed pathways for connection to Eagle's public pathway system and/or adjoining development's public pathway system. 9.3.3 Active Recreation Implementation Q. Greenbelt and pathway development priorities should include: greenbelt/pathway system along the Boise River, greenbelt/pathway system along the Dry Creek, corridor preservation along future planned pathways and irrigation features; and road crossings. 9.5 Floodway&Floodplain Strive for a balance between the needs of the natural environment (floodway, floodplain, corridors for habitat, riparian, and wildlife areas) and recreational users (greenbelt, pathway, and sportsman access,and viewpoints). 9.5.2 Objectives A. To protect against hazards that are inherent to flood plains and flood ways. C. To promote the conservation and efficient management of floodways and floodplains within the City of Eagle. 9.5.3 Implementation Strategies D. Require developers to provide improved pathway systems with links to adjoining pathway systems,parks, and open spaces. I. Consider overlay pathway easements for sections of the canal systems in the urbanized segments of the canal corridor for cooperative multi-use (e.g., section of Farmer's Union Canal between Horseshoe Bend Road and Floating Feather). B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-1: R-E RESIDENTIAL-ESTATES DISTRICT: To provide opportunities for very low density residential land use compatible with the topography and public service capacities. Gross density shall not exceed one single-family dwelling unit per two(2)acres. Page 7 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northern Lights Sub RZ PP\Working Files\Northern Lights Sub PZF.doc DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by the city with a development agreement. Specific provisions, as may have been incorporated within the development agreement, are applicable to development within this zoning designation. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: I Minimum Yard Setbacks Minimum Note Conditions A To E* Lot Area Zoning Maximum (Acres Or Minimum District Maximum Front Rear Interior Street Lot Covered Square Lot Height Side Side F And J* Feet)H* Width I* R-E 35' 50'* 30' 20' 35' 15% 1.8 acres 100' *Note—Eagle City Section 8-2-4(A)(4) A single-family dwelling unit that utilizes a side entry garage shall be permitted to have a 5 foot reduction in the minimum required front yard setback provided that the distance is no less than 20 feet, and no less than 15 feet within the MU zoning district,measured from the foundation of the garage to the property line; • Eagle City Code Section 8-2A-7(J)(4): Landscape and Buffer Area Requirements: b. Any road designated as a minor arterial on the master street map typologies map in the Eagle comprehensive plan: A minimum of fifty feet(50')wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2)flowering/ornamental trees, provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code Section 8-2A-7(0)Alternative Methods of Compliance: 1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative solutions to land use problems. Under certain site conditions, a strict interpretation of requirements may be either physically impossible or impractical. Alternative compliance is a procedure that allows certain modifications to existing regulations within this section. Requests for use of alternative landscaping schemes are justified only when one or more of the following conditions apply: a. The sites involve space limitations or unusually shaped parcels; b. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical; c. Due to a change of use of an existing site, the required buffer yard is larger than can be provided; and Page 8 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northern Lights Sub RZ PP\Working Files\Northern Lights Sub PZF.doc d. Safety considerations are involved. 2. Request For Alternative Method Of Compliance: The applicant must provide the city with a written request if an alternative method of compliance is proposed. The request shall state which requirement as set forth within this section is to be modified, what project conditions stated within subsection 01 of this section justify using the proposed alternative, and how the proposed alternative equals or exceeds said requirement. C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-4-1-5: Streetlights: Unless determined otherwise by the city council as part of the design of the subdivision, all subdividers within the city limits shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the administrator. After inspection and confirmation of installation and operation by the administrator, the subdivider (and subsequent homeowners' association) shall assume ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity. • Eagle City Code Section 9-4-1-6(D): Pathways: 3. Location: a. The City shall require general conformity with the City's Pathways and Trails Master Plan,the approved Open Space and Wildlife Mitigation Plan,or similar document for that development. In addition to conformity with the aforementioned plans,consideration shall be given for connectivity to the following facilities: (1) Schools; (2) Park areas and open space; (3) Other pathway and trail facilities,including nearby trailheads; (4) Nearby residential areas; (5) Public land; (6) Public and private transit facilities;and (7) Future subdivision phases. b. Pathways may be required to connect sites other than those noted above when there is evidence that a pedestrian/cyclist would otherwise be forced to travel alongside a designated arterial roadway, or other roadway that may be hazardous for non-motorized forms of travel, in order to reach the desired destination. c. Pathways may be required to connect to locations other than those noted above to adapt to the changing needs of the public or to mitigate bike/pedestrian hazards or safety concerns. • Eagle City Code Section 9-4-1-7(A): Sidewalk Design and Maintenance: A. Sidewalks, a minimum five feet(5')wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), and the street is designated a local street, sidewalks on only one side of the street may be allowed. This sidewalk exception shall not be permitted on collectors,arterials,or section line streets. Page 9 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northem Lights Sub RZ PP\Working Files\Northern Lights Sub PZF.doc D. FLOOD CONTROL CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 10-1-1: Findings of Fact: B. Purpose: It is the purpose of this title to promote the public health,safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: 1. To protect human life,health, and property; 2. To minimize expenditure of public money for costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 5. To minimize damage to public facilities and utilities such as water purification and sewage treatment plants, water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; 6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. To ensure that potential buyers are notified that property is in an area of special flood hazard, warn that city review and approval is not going to prevent flooding and that flooding may occur, and advise of information available to the city regarding flood hazards,studies and available options; 8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; 10. To restrict or prohibit uses which are injurious to health, safety or property in times of flood, which result in environmental damage, or that cause increased flood heights or velocities; 11. To minimize the impact of development adjacent to waterways on adjacent properties upstream,downstream and across waterways; 12. To review development plans for property adjacent to waterways to minimize the obstruction of the conveyance of floodwaters, review drainage/obstructions to flood carrying capacity, and guide development adjacent to waterways toward the most appropriate building envelope for its particular site; 13. To carry out the provisions of the comprehensive plan as well as health, safety and welfare with regard to properties adjacent to waterways; 14. To review landscaping and access for flood carrying capacity and preservation or enhancement of riparian vegetation; 15. To allow the river and creeks and their adjacent lands to convey floodwaters to minimize property damage; 16.To regulate uses in the floodplain for the purpose of preserving,protecting, and enhancing the abundance and diversity of fish,wildlife and riparian resources; and 17. To protect,preserve and enhance the waterways and floodplains as a recreation resource. • Eagle City Code Section 10-1-2: Objectives and Methods of Reducing Flood Losses: In order to accomplish its purposes,this chapter includes methods and provisions for: Page 10 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northem Lights Sub RZ PP\Working Files\Northem Lights Sub PZF.doc A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in flood heights, velocities, or erosion; B. Requiring that development which is vulnerable to floods, including structures and facilities necessary for the general health, safety, and welfare of citizens, be protected against flood damage at the time of initial construction; C. Preserve and restore natural floodplains, stream channels and natural protective barriers which help accommodate or channel floodwaters; D. Control filling,grading, dredging and other development which may increase flood damage or erosion. • Eagle City Code Section 10-1-5:Rules and Definitions: DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings or other structures, mining dredging, filling, grading, paving,excavation,or drilling operations,or storage of equipment or materials. DEVELOPMENT ACTIVITY: Any activity defined as development which will necessitate a floodplain development permit; such as: the construction of buildings, structures, or accessory structures; additions or substantial improvements to existing structures; bulkheads, retaining walls, piers, and pools; the placement of mobile homes; or the deposition or extraction of materials;the construction or elevation of dikes,berms and levees. FLOOD ZONE: A geographical area shown on a flood hazard boundary map (FHBM) or flood insurance rate map(FIRM)that reflects the severity or type of flooding in the area. FLOODPLAIN or FLOOD-PRONE AREA: The land that has been or may be covered by floodwaters, or is surrounded by floodwater and inaccessible, during the occurrence of the regulatory flood. The riverine floodplain includes the floodway and the flood fringe. FLOODWAY: The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot(1'). NO ADVERSE IMPACT: Floodplain management where the action of one property owner does not adversely impact public property or other private property, as measured by increased flood peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact floodplain management is a policy which provides a means to promote the use of retention/detention or other techniques to mitigate increased runoff from urban areas. SPECIAL FLOOD HAZARD AREA (SFHA): The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. For purposes of these regulations, the term SPECIAL FLOOD HAZARD AREA is synonymous in meaning with the phrase"area of special flood hazard". • Eagle City Code Section 10-1-6: Basis for Flood Hazard Areas: The Special flood hazard areas identified by the Federal Emergency Management Agency, in its flood insurance study (FIS) "The Flood Insurance Study (FIS) for Ada County, Idaho And Incorporated Areas", dated June 19,2020,with accompanying flood insurance rate maps(FIRM), or digital flood insurance rate maps (DFIRM), and other supporting data, are adopted by reference and declared to be a part of this chapter. A copy of the FIS and FIRM shall be maintained on file at the Office of the Planning and Zoning Department located within Eagle City Hall,660 East Civic Lane,Eagle,Idaho. Page 11 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northern Lights Sub RZ PP\Working Files\Northern Lights Sub PZF.doc • Eagle City Code Section 10-1-7: Development Permit Requirements: A. Permit Required: A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development within any special flood hazard area established in section 10-1-6 of this chapter. The floodplain development permit shall be for all structures, including manufactured homes, and for all other development, including fill and other activities, as each are defined in section 10-1-5 of this chapter. A floodplain development permit shall also be required for any development that could possibly increase or alter the flood hazard. • Eagle City Code Section 10-1-8-5: Subdivisions: A. All subdivision proposals shall be consistent with the need to minimize flood damage; B. All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas,electrical and water systems located and constructed to minimize flood damage; C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and D. Base flood elevation data shall be provided for subdivision proposals and other proposed development located within any area of special flood hazard. E. All subdivision plats shall identify and designate the 100-year floodplain boundary and the floodway boundary including a certification by a registered surveyor that the boundaries were established consistent with the FIRM map(in effect at the time of approval of the plat)for the city of Eagle. All subdivision plats shall contain a note or notes that warn prospective buyers of property that sheet flooding can and will occur and that floods of greater magnitude may inundate areas outside identified floodway and floodplain boundary lines. G. All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by federal or state statute, including section 404 of the Federal Water Pollution Control Act Amendments of 1972,33 USC § 1334. • Eagle City Code Section 10-1-8-6: Specific Standards: In all cases of special flood hazards where base flood elevation (BFE) data has been provided as set forth in section 10-1-6 of this chapter,the provisions of this section shall be required: • Eagle City Code Section 10-1-8-7: Floodplain and Floodway Standards: C. Standards For Floodways And Flood Fringe Areas: Areas designated as floodways are located within special flood hazard areas established in section 10-1-6. The floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectile and erosion potential.The following provisions apply: 1. Encroachments, including fill, new construction, substantial improvements and other development, are prohibited unless an approved floodplain development permit is issued demonstrating that encroachments shall not result in any adverse impacts during the occurrence of the base flood. Page 12 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northern Lights Sub RZ PP\Working Files\Northern Lights Sub PZF.doc 2. Encroachments, including fill, new construction, substantial improvements and other development are prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and uses within the floodway shall be restricted to those which are required by public necessity(for example, bridges, water pumps); recreational use (for example, paths); wildlife habitat improvements (for example, vegetation, nesting structures, pool/riffle improvements); and gravel extraction; provided that the use/encroachment meets the approval of the federal emergency management agency and national flood insurance program and does not jeopardize the city's participation in the national flood insurance program. 3. Subsection C 1 of this section shall comply with all applicable flood hazard reduction provisions of this section 10-1-8. 5. All buildings shall be set back a minimum of one hundred feet(100') from the floodway line. Except that when the special flood hazard area boundary is one hundred feet (100') or less from the floodway line,the boundary line shall be the setback line. 8. Compensating excavation in accordance with an engineered plan for orderly conveyance of floodwater, or equivalent mitigating measures may be performed in the floodway when certified by a registered professional engineer. Mitigation design shall include provisions to prevent relocation or diversion of flow paths from causing increased jeopardy to any off site property at any level of flooding from the one(1)year flood up to the base flood. Maintenance provisions for excavated areas prone to fill from sediment and other debris shall follow the requirements of section 9-3-2-5C of this code for private streets. G. Fill Requirements: For fill placed in the floodplain: 1. Development within the area of special flood hazard shall result in no net loss in natural storage. Grading plans shall show that existing natural storage volume in the floodplain, as bounded by the existing surface topography and the base flood elevation surface, shall not be reduced from the current quantity. Postdevelopment storage volumes will be calculated from the postdevelopment flood elevation for the base flood event. Depressions which will be filled with groundwater and sections of the floodplain which are restricted from floodwater conveyance due to roads built above the base flood elevation shall not be considered when determining storage volumes. Development within the DDA, TDA or CEDA design review overlay areas shall not be subject to the provisions of this subsection. E. DISCUSSION (based on the narrative and preliminary plat and narrative, date stamped by the City on March 1, 2024): • The existing residential dwelling unit located within the property does not meet the required front yard setback for the R-E (Residential-Estates) zoning district, which is 45-feet for residential dwellings with a side entry garage. The existing residence (as labeled on the preliminary plat), is located approximately 38-feet from the front property line. The applicant is requesting a waiver of Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations, to allow for the residential dwelling to remain at the current location. Staff defers comment to the Commission and Council with regard to requiring the home to be relocated to meet the 45-foot front yard setback. If the Commission and Council allow the dwelling unit to remain in its current location,condition of development 3.4 should be stricken. Page 13 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northem Lights Sub RZ PP\Working Files\Northem Lights Sub PZF.doc • Pursuant to policy 9.3.3 (Q) of the comprehensive plan states, "Greenbelt and pathway development priorities should include: greenbelt/pathway system along the Boise River, greenbelt/pathway system along the Dry Creek, corridor preservation along future planned pathways and irrigation features;and road crossings." A portion of the Farmers Union Canal is located within the property along the east property line. Based on the comprehensive plan policy referencing corridor preservation along irrigation features, the applicant should be required to dedicate a 25-foot-wide public access/pathway easement located adjacent to the Farmers Union Canal easement. The legal description of the public access/pathway easement should be recorded and referenced on the final plat prior to approval of the final plat. • Pursuant to Eagle City Code Section 8-2A-7(J)(4)(b), the applicant is required to construct a 5-8 foot high buffer located within a 50-foot-wide common lot adjacent to East Beacon Light Road. The developable area of the subject property located adjacent to East Beacon Light Road is approximately 45-feet in width which may not be adequate in width to allow for the construction of the required buffer. Also, there are mature trees located within the required buffer area. The applicant should be required to submit an alternative method of compliance with the design review application to address the required buffer area located adjacent to East Beacon Light Road. The design review application should be reviewed and approved by the Design Review Board and City Council prior to submittal of a final plat application. • The preliminary plat delineates setback lines within the map portion of the preliminary plat. Based on the requested zoning designation of R-E-DA (Residential-Estates with a development agreement) the delineated setback lines are not in conformance with Eagle City Code. The applicant should be required to provide a revised preliminary plat with the setback lines removed prior to submittal of a final plat application. • The applicant is requesting a waiver of the requirement to install sidewalks on North Rocket Bar Road based on the proposed street frontage exceeding 250-feet, absence of sidewalks surrounding the subject property, and logistics associated with the construction of a sidewalk (i.e. grading, potential installation of culverts or pipes for drainage, removal of fencing and landscaping). The provided narrative also indicates the construction of a sidewalk may create a disruption of existing drainage patterns and the irrigation may need to be reconfigured;therefore,disturbing the character of the area and sense of place residents in the area currently enjoy. As shown below, there are only two (2) subdivisions (Vizcaya and Pescara Subdivisions) located adjacent to East Beacon Light Road between State Highway 55 and North Eagle Road which have a sidewalk. Both subdivisions are located on the south side of East Beacon Light Road. As part of the ACHD approval it was determined that there are no improvements required to the adjacent streets. Staff will defer to the Council regarding requiring sidewalks within the development. ro a 1 i i ,' � ter. � `�.... _ TT. y � E<eea€ai„ j ANorthern Light c� s �_yy jj,,, ,$ l4ghCRd .Bscara'Subchvisi0 �„ "" ..F "1 f / >_ jV¢caya Subdry Sion - A Page 14 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northem Lights Sub RZ PP\Working Files\Northem Lights Sub PZF.doc • The applicant is requesting a waiver of the requirement to install streetlights due to the rural nature of the neighborhood and the possible potential to become a nuisance for neighbors. There are no streetlights located adjacent to East Beacon Light Road in proximity to the subject property. Also, there are no streetlights located adjacent to North Rocket Bar Road. Staff will defer to the Council regarding requiring streetlights within the development. • Plat note#2 of the preliminary plat states, "Unless otherwise shown and dimensioned, all lots are hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage over the 5-feet adjacent to any subdivision interior side lot line, and over the 20-feet adjacent to any rear lot line or subdivision boundary." The preliminary plat shows dimensions of all the public utility, irrigation,and drainage easements on the preliminary plat. Since all of the easements are shown and vary in width and location the applicant should be required to provide a revised preliminary plat with plat note #2 revised to state, "All lots are hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage as shown and dimensioned."The final plat shall show and dimension all public utility, irrigation, and lot drainage easements prior to the City Clerk signing the final plat. • The Flood Insurance Rate Map, Panel #16001C0152H, effective February 19, 2003, shows the subject property is located within a Special Flood Hazard Area(SFHA) and is designated an AE zone. Also, a portion of the site is designated as a floodway. The existing home is located within the area designated as a floodway. Prior to any development occurring on the site the applicant should be required to comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code. PUBLIC HEARING OF THE COMMISSION(Public Hearing AudioNideo Record): https://eagle-id.granicus.com/player/clip/1852?meta_id=92885 A. A public hearing on the applications was held before the Planning and Zoning Commission on March 18, 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. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission made a motion based upon the information provided by staff and the testimony provided by the applicant. A summary of the deliberation can be found at the following link(Granicus time: 00:43:56): https://eagle-id.granicus.com/player/clip/1852?meta id=92885 COMMISSION DECISION REGARDING THE REZONE: The Commission voted 3 to 0 (Wright and McCauley absent) to recommend approval of RZ-09-23 for a rezone from A-R (Agricultural-Residential) to R-E-DA (Residential-Estates with a development agreement [in lieu of a conditional use permit]) with the following staff recommended conditions to be placed within a development agreement with underline text to be added by the Commission and strike through text to be deleted by the Commission: Page 15 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northern Lights Sub RZ PP\Working Files\Northern Lights Sub PZF.doc 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.2 The Concept Plan(Exhibit 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. 3.3 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 pressurized irrigation facilities. 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 homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing located adjacent to a street be open-style such as wrought iron, extruded aluminum (looks identical to wrought iron), or three-rail-type decorative fencing. All other fencing(ie.cedar fencing,chainlink)shall be prohibited. (c) A requirement that development (including fencing) within the floodway area is prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge and uses within the floodway shall be restricted to those which are required for public necessity. (d) 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&R's unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule,regulation,law or ordinance. 3.4 The front setback of the existing residential dwelling unit shall be a minimum of 38-feet relocated e 3.5 Owner shall comply with all applicable provisions of Title 10,Flood Control,of the Eagle City Code. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 3 to 0 (Wright and McCauley absent) to recommend approval of PP-06-23 for a preliminary plat for Northern Lights 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-09-23. 2. Comply with all requirements of the City Engineer. Page 16 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northem Lights Sub RZ PP\Working Files\Northern Lights Sub PZF.doc 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. The applicant shall dedicate a 25-foot-wide public access/pathway easement located adjacent to the Farmers Union Canal easement. The legal description of the public access/pathway easement shall be recorded and referenced on the final plat prior to approval of the final plat. 5. The applicant shall submit an alternative method of compliance with the design review application to address the required buffer area located adjacent to East Beacon Light Road. The design review application shall be evaluated by the Design Review Board and City Council prior to submittal of a final plat application. 6. Provide a revised preliminary plat with the setback lines removed prior to submittal of a final plat application. The revised preliminary plat shall be provided prior to submittal of a final plat application. 7. Provide a revised preliminary plat with plat note #2 revised to state, "All lots are hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage as shown and dimensioned." The final plat shall show and dimension all public utility, irrigation, and lot drainage easements prior to the City Clerk signing the final plat. 8. 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. 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. 10. 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. 11. 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). 12. The Northern Lights Subdivision shall remain under the control of one Homeowners Association. 13. The applicant shall place a note on the final plat that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. Page 17 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northem Lights Sub RZ PP\Working Files Northern Lights Sub PZF.doc 14. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. 15. Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Northern Lights Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. 16. 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 submittal of a final plat application. 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. 17. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of a final plat application. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,gutters,streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C.Title 50,Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground 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. Page 18 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northern Lights Sub RZ PP\Working Files\Northern Lights Sub PZF.doc 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, 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 City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. Page 19 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northern Lights Sub RZ PP\Working Files\Northern Lights Sub PZF.doc 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. 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 the Eagle Parks, Pathways, and Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways, and Recreation 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 staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. Page 20 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northem Lights Sub RZ PP\Working Files\Northem Lights Sub PZF.doc 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 floodplain 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 fmancial 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. 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. Page 21 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northern Lights Sub RZ PP\Working Files\Northern Lights Sub PZF.doc 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. 37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. 38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and approved by staff prior to the issuance of a"Notice to Proceed"with construction letter. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation(RZ-09-23)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 [in lieu of a conditional use permit]) is consistent with the Estate-Residential and Floodway designations as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist,or are expected to be provided, to serve all uses allowed on this property under the proposed zone. The site will be served by well and septic; c. The proposed R-E-DA (Residential-Estates with a development agreement [in lieu of a conditional use permit]) zoning district is compatible with the RUT (Residential — Ada County designation) zone and land use to the north since that area contains a single residential lot and is located across East Beacon Light Road(minor arterial); d. The proposed R-E-DA (Residential-Estates with a development agreement [in lieu of a conditional use permit]) zoning district is compatible with the A-R (Agricultural-Residential) zone and land use to the south since the existing lot within the proposed subdivision shares a common side property line and that area may be developed with lots of similar size; e. The proposed R-E-DA (Residential-Estates with a development agreement [in lieu of a conditional use permit]) zoning district is compatible with the R-E (Residential-Estates)zone and land use to the east since that area may be developed with lots of similar size; f. The proposed R-E-DA (Residential-Estates with a development agreement [in lieu of a conditional use permit]) zoning district is compatible with the A-R (Agricultural-Residential) zone and land use to the west since that area may be developed with lots of similar size and residential dwellings within the proposed subdivision will transition to the two (2) existing residential dwellings located across Rocket Bar Road; Page 22 of 24 K:\Planning Dept\Eagle Applications-\SUBS\2023\Northern Lights Sub RZ PP\Working Files\Northem Lights Sub PZF.doc g. The land proposed for rezone is located within a "Hazard Area" or"Special Area" as described within the Comprehensive Plan, however, the applicant is required herein to comply with Eagle City Code Title 10, Flood Control regarding developing within an area of special flood hazard; and h. The Planning and Zoning Commission recommended the front setback of the existing residential dwelling at 38-feet be allowed(as conditioned herein)to address the required front setback of 50- feet (45-feet with a side entry garage) within the R-E-DA (Residential-Estates with a development agreement[in lieu of a conditional use permit])zone. 2. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP-06-23) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9(Subdivisions)because: a. The subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed residential use is in accordance with the 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, 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 Ada County Highway District, Central District Health, 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 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. In accordance with Eagle City Code Section 8-7-3-1(C), the Commission concludes that a waiver of the front setback of the existing dwelling waiver of sidewalk installation, and waiver of streetlights installation is justified based on the following: 1) The existing dwelling was constructed in conformance of the setbacks required pursuant to Ada County Code at the time of construction; 2) Based on ACHD not requiring sidewalks and the lack of sidewalks within the existing Rocket Bar Subdivision and the closest sidewalk adjacent to East Beacon Light Road is located approximately 1,500-feet east the proposed subdivision the requirement of sidewalks should be waived; and, 3) The requirement of streetlights should be waived to maintain the rural feel of the area since the property is located within a rural area of the City where there are no streetlights located within close proximity to the site. 4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. Page 23 of 24 K:\Planning Dept\Eagle Applications\SUBS\2023\Northem Lights Sub RZ PP\Working Files\Northern Lights Sub PZF.doc DATED this 1st day of April,2024. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho Trent Wright,Chai n ATT/ST: OV EA G ,,,, � 0RAT /. —# I : oQ t{ : Tracy . Osb , agle City Clerli T . * . z SAL . � l� •....•• TE pF Y R�rr7 tiRIRRR! 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