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Findings - PZ - 2019 - A-07-18/RZ-12-18 & PP/FP-02-18 - Annex/Rezone From RR To R-E-DA / 4592 Gooder John LaneBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ) AN ANNEXATION AND REZONE FROM ) RR [RURUAL RESIDENTIAL — ADA COUNTY ) DESIGNATION] TO R -E -DA _RESIIIENTIAL ) ESTATES WITH A DEVELOPEMENT ) AGREEMENT] AND COMBINED ) PRELIMINARY PLAT/FINAL PLAT FOR ) BRUNEEL SUBDIVISION [FKA GOODER JOHN ) SUBDIVISION] FOR STAVE BRUNEEL ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-07-18JRZ-12-18 & PP/i*P-02-18 The above -entitled annexation, rezone with a development agreement and combined preliminary plat/final plat applications came before the Eagle Planning and Zoning Commission for their recommendation on July 1, 2019 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: Steve Bruneel, represented by Tamara Thompson with The Land Group, Inc., is requesting an annexation, rezone from RR (Rural Residential — Ada County designation) to R -E -DA (Residential Estates with a development agreement) and combined preliminary and final plat approvals for Bruneel Subdivision (tka Gooder John Subdivision), a 7 -lot (4 -buildable, 3 -non -buildable) residential subdivision. The 39 -acre site is located on the northeast corner of West Homer Road and North Gooder John Lane at 4952 North Gooder John Lane. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site, Wednesday, June 20, 2018, at 6:00 PM, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on August 21, 2018. A revised preliminary plat and a revised final plat were received by the City of Eagle on April 5, 2019, and again on May 24, 2019. Revised applications were received on June 27, 2019, and an updated narrative letter was received by the City on June 27, 2019. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 14, 2019. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on June 13, 2019. The site was posted in accordance with the Eagle City Code on June 21, 2019. Requests for agencies' reviews were transmitted on August 31, 2018, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANI PREVIOUS ACTIONS: None. E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx F. APPLICANT'S STATEMEN'i' OF JUST1FICATION OF A DEVELOPMEN'i' AGREEMENT: See applicant's justification letter, date stamped by the City on August 21, 2018, and a revised justification letter, date stamped by the City on June 27, 2019. G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed North of site South of site East of site West of site COMP PLAN ZONING DESIGNATION DESIGNATION Agriculture/Rural RR (Rural Residential — Ada County designation) No Change R -E -DA (Residential -Estates with a Development Agreement) Agriculture/Rural RR (Rural Residential — Ada County designation) RU'! (Rural -Urban Transition — Ada County designation) R -E (Residential Estates) Transitional and Large Lot Residential Agriculture/Rural Transitional and Large Lot Residential RR /RUT (Rural Residential and Rural -Urban Transition — Ada County designation) LAND USE Single-family dwelling Residential Subdivision consisting of four (4) lots, three (3) non -buildable Single -Family Residence Agricultural/Vacant Single -Family Residential lots Single -Family Residence H. DESIGN REVIEW OVERLAY DISI iZICT: Not located within the DDA, TDA, CEDA, or DSDA. I. SI'i'E DATA: Total Acreage of Site — 39 Total Number of Lots — 7 Residential — 4 (3 non -buildable :one lot may be buildable after further studies are completed]) Commercial — 0 Industrial — 0 Common — 0 Total Number of Units — 4 Single-family — 4 Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 Page 2 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx ADDITIONAL SITE DATA Dwelling Units Per Gross Acre Minimum Lot Size Minimum Lot Width Minimum Street Frontage Total Acreage of Common Area (measured as total landscaping of the entire site) Percent of Site as Common Area (measured as total landscaping of the entire site) J. GENERAL SirE DESIGN FEATURES: PROPOSED .13 -units per acre 2.03 -acres 361 -feet 361 -feet 0 -acres 0% REQUIRED 1 -unit per five acres (.20 -units per acre maximum) 1.8 -acres (minimum) 100 -feet (minimum) 35 -feet 0 -acres (not required in the R -E zoning district) 0% (not required in the R -E zoning district) Open Space: This subdivision will be located within the R -E zoning district; therefore, a minimum amount of open space is not required, and none is proposed. Storm Drainage and Flood Control: The applicant should demonstrate that the storm water from individual lots is handled by a storm drainage facility or the applicant should place a note on the final plat stating all storm water from the individual lots is to be retained on the individual lots per Eagle City Code 9-4-1-10. This should be completed prior to the City Clerk signing the final plat. Utility and Drainage Easements, and Underground Utilities: Eagle City Code Section 9-3-6 requires utility easements to be not less than 12 -feet wide, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development (PUD). Fire Hydrants and Water Mains: The applicant is not proposing any fire hydrants since central water is not located in proximity to the site. On-site Septic System (yes or no) — Yes Since sewer is not located in proximity to the site and the proposed lots are greater than two (2) acres in size all homes within the development are proposed to be served by individual septic systems. Pressurized Irrigation: The applicant is proposing to irrigate the property through individual wells utilizing an existing ground water right (Permit Nos. 63-34638, 63-34639, and 63-34640). The applicant has provided documentation from the Idaho Department of Water Resources (IDWR), date stamped by the City on April 5, 2019, which demonstrates that the ground water right is adequate to serve the proposed development. Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Page 3 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx 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: Private driveway: The subject site is currently developed with one (1) dirt/gravel private driveway. Lots 4 and 5 within the proposed subdivision will gain access from the private driveway, an approximate 1,040 -foot long dirt/gravel private driveway terminating at an existing single-family residence located on the proposed Lot 5. The private driveway gains access from North Gooder John Lane located on the west side of the proposed subdivision and will provide access to Lots 4 and 5, Block 1, Bruneel Subdivision. The private driveway will be located within Lot 6, Block 1, of the proposed subdivision. Blocks Less Than 500': None. Cul-de-sac Design: The existing local road (North Gooder John Lane) extends to the north from West Homer Road and terminates into a cul-de-sac with a 34 -foot wide radius. Farmers Union Canal is located on the west side of the cul-de-sac. Sidewalks: The preliminary plat date stamped by the City on May 24, 2019, does not show any sidewalks within the development. Pursuant to Eagle City Code, in zoning districts which prohibit densities greater than one dwelling unit per two (2) acres and at the Council's discretion, a four foot (4') wide striped path (with pedestrian designation markings such as diamonds or pedestrian/bicycle symbols) on both edges of all internal roadways may be permitted in lieu of constructing sidewalks. Curbs and Gutters: None proposed. Lighting: None proposed. Street Names: The subdivision is proposed to be served by an existing private driveway and access from West Home Road on the south side of the subdivision. No street names have been proposed. L. ON AND OH-Sii'E PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: None proposed. Bike Paths: None proposed. M. PUBLIC USES PROPOSED: None proposed. N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property is located within the Star Fire Protection District. Star Fire Protection District provided correspondence, date stamped by the City on September 3, 2018, indicating the District's requirements regarding access, road widths, and cul-de-sac widths. Page 4 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (Ika Gooder John) pzf.docx P. SPECIAL ON-SIrE FEA'I'URES: Areas of Critical Environmental Concern — No Evidence of Erosion — No Fish Habitat — No Floodplain — No Mature Trees — No Riparian Vegetation — No Steep Slopes — Yes Stream/Creek — No Unique Animal Life — No Unique Plant Life — No Unstable Soils — No Wildlife Habitat — Yes Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required R. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the Engineer's letters dated June 3, 2019, are of special concern (attached to the staff report). Andeavor (Tesoro Logistics NW Pipeline) Ada County Highway District Central District Health Department of Environmental Quality Eagle City Water Department Eagle Fire District Eagle Parks and Pathways Idaho Transportation Department Star Fire Protection District S. LEi'I'ERS FROM THE PUBLIC: None received to date. THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAVF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 'iHIS PROPOSAL: 6.3 Land Use Designations The Comprehensive Plan Foothills Future Land Use Map (adopted November 14, 2017), designates this site as the following: Residential Rural Suitable primarily for single family residential development on large acreages which may be in transition from agricultural to residential use or may combine small scale agriculture uses with residential uses. An allowable density of up to 1 unit per 5 acres. Page 5 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions: RESIDENTIAL-ESTA'1'ES 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. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Minimum District Height Side Side Lot Covered Area (Acres Or Lot Sq. Ft.) G And Width I* H* R -E 35' 50' 30' 20' 35' 15% 1.8 acres 100' G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-1-6: Rules and Definitions: HILLSIDE SUBDIVISION: Any subdivision, or portion thereof, having an average slope of ten percent (10%) or more. RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which normally includes streets, sidewalks and other public utilities or service areas. • Eagle City Code Section 9-2-3 (C)(3) Preliminary Plat — Required Information and Data: j. Lot lines and blocks showing the dimensions and numbers of each; 1. A site report as required by the appropriate health district where individual wells or septic tanks are proposed. • 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 9-3-5 (B) - Lots shall conform to the following standards: Future Arrangements: Where parcels of land are subdivided into unusually large lots (such as when large lots are approved for septic tanks), the parcels shall be divided, where feasible, so as to allow for future re -subdividing into smaller parcels. Lot arrangements shall allow for Page 6 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future subdividing or lot splitting is contemplated, the plan thereof shall be approved by the City Council prior to taking of such action. • Eagle City Code Section 9-3-5 (C) Sufficient Area for Septic Tank: Where individual septic tanks have been authorized, sufficient area shall be provided for a replacement sewage disposal system. • Eagle City Code 9-4-1-3: Curbs and Gutters: A. Generally: 2. Rolled curbs and gutters shall be required on minor streets. 3. All construction shall be in accordance with the standards and specifications adopted by the Ada County highway district. B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the Ada County highway district or the Idaho transportation department. (Ord. 566, 5-15-2007) • Eagle City Code Section 9-4-1-5: Streetlights: All subdividers within the city limits and within the area of city impact shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the "administrator" (as defined by Section 9-1-6 of this title, or his/her representative, hereinafter referred to as "administrator"). After installation and acceptance by the administrator, the city shall have the right to pay the cost of maintenance and power and assume ownership of the streetlights. • Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: F. Sidewalk Design: 6. In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres and at the council's discretion, a four foot (4') wide striped path (with pedestrian designation markings such as diamonds or pedestrian/bicycle symbols) on both edges of all internal roadways may be permitted in lieu of constructing sidewalks. Trees shall be placed within five feet (5') of the edge of roadway. • Eagle City Code Section 9-4-1-8 Underground Utilities: Underground utilities are required • Eagle City Code Section 9-4-1-9: Water Supply and Sewer Systems: C. Pressurized Irrigation Facilities: 1. All residential dwelling units shall be provided with a pressurized irrigation system to be served with irrigation water unless a waiver, as outlined herein, is approved by the city council. The city has adopted supplemental standards and regulations (titled "Pressure Irrigation Standards", incorporated herein by reference and available at Eagle city hall) pertaining to the design, construction and maintenance of pressurized irrigation systems. Plans and documents reflecting the required standards and regulations shall be submitted with the application for a preliminary plat. The following design requirements and the requirements provided within the supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These Page 7 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx standards shall supplement all other regulations, and where at variance with other laws, regulations, ordinances or resolutions, the more restrictive requirements shall apply. The council may determine that revisions to the supplemental standards are warranted and make such revisions by act of a resolution. a. The pressurized irrigation system may have a backup connection to a potable water system with the approval of the city, city engineer, and the potable water purveyor, and the installation of a state approved reduced pressure backflow prevention assembly or an air gap separating the irrigation system and the potable water system. The operation, maintenance, associated costs, and annual inspection of the backup connection and the backup system's reduced pressure backflow prevention assembly shall be the responsibility of the entities as determined in "Pressure Irrigation Standards" of this section. Individual backup connections to individual lots by individual lot owners shall be prohibited with the exception of the common area lots owned and maintained by the homeowners' association. b. The pressurized irrigation system shall be designed by a licensed professional engineer registered in the state of Idaho, and the construction plans for the system shall be reviewed and approved by the city engineer. 2. The requirement for installation of a pressurized irrigation system may be waived by the city council when the applicant has established that any of the following situations exist (the sale or transfer of an existing water right shall not be grounds for requesting a waiver pursuant to this provision): a. Where a sufficient surface irrigation water right does not exist for the property. The lack of surface irrigation water right shall be documented in writing by the appropriate irrigation district or canal company and the department of water resources and shall be submitted with the subdivision preliminary plat. In this case a waiver shall only be granted for that portion of the subdivision that cannot be served. b. Where an existing surface water right cannot be delivered to the property by an irrigation district or canal company due to current delivery capacity or scheduling. In these situations the city council may still require the installation of the pressure irrigation system, provided water rights can be made available to the property and delivery system modifications can be made so irrigation water can be supplied within two (2) years. c. Where the applicant has provided for another means of delivery such as flood irrigation, if approved by the city engineer. The applicant shall present the proposed alternative delivery system to the city engineer at the time the waiver is requested. d. That due to the specific circumstances surrounding a new subdivision, the cost of obtaining water rights, reestablishing water rights or developing the system would impose an undue economic hardship on the developer. For purposes of this section, an undue economic hardship shall consist of a showing that the cost per lot to develop the pressurized irrigation system would be twenty five percent (25%) higher than the cost per lot for providing a pressurized irrigation system to subdivisions of similar size and density constructed in the city within the previous two (2) years; or the cost per lot of the pressurized irrigation system would exceed five percent (5%) of the expected per lot market value of the subdivision. The developer shall bear the burden of providing documentation, acceptable to the city engineer and city council, demonstrating and supporting the estimated costs of construction of the pressurized irrigation system, and the cost per lot for irrigation Page 8 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx 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. (Ord. 566, 5-15-2007) • Eagle City Code Section 9-4-1-11 Fire Hydrants and Water Mains: Adequate fire protection shall be required in accordance with the appropriate fire district standards. • Eagle City Code Section 9-5-3: Hillside Subdivisions: 9-5-3-1: Preservation of Natural Features: In order to preserve, retain, enhance and promote the existing and future appearance, natural topographic features, qualities and resources of hillsides, special consideration shall be given to the following: A. Skyline and ridge tops; B. Rolling grassy landforms, including knolls, ridges and meadows; C. Tree and shrub masses, grass, wildflowers and topsoil; D. Rock outcroppings; E. Streambeds, draws and drainage swales, especially where tree and plant formations occur; and F. Characteristic vistas and scenic panoramas. (Ord. 566, 5-15-2007) 9-5-3-2: Development Evaluation: A. All development proposals shall take into account and shall be judged by the way in which land use planning, soil mechanics, engineering geology, hydrology, civil engineering, environmental and civil design, and architectural and landscape design are applied in hillside areas, including, but not limited to: 1. Planning on development to fit the topography, soils, geology, hydrology and other conditions existing on the proposed site; 2. Orientation of development on the site so that grading and other site preparation is kept to an absolute minimum; 3. Shaping of essential grading to blend with natural landforms and to minimize the necessity of padding and/or terracing of building sites; 4. Division of large tracts into smaller workable units on which construction can be completed within one construction season so that large areas are not left bare and exposed during the winter -spring runoff period; 5. Completion of paving as rapidly as possible after grading; Page 9 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx 6. Allocation of areas not well suited for development because of soil, geology or hydrology limitations for open space and recreation uses; 7. Minimizing and disruption of existing plant and animal life; and 8. Consideration of the view from and of the hills. B. Areas having soil, geology or hydrology hazards shall not be developed unless it is shown that: 1. Their limitations can be overcome; 2. Hazard to life or property will not exist; 3. The safety, use or stability of a public way or drainage channel is not jeopardized; and 4. The natural environment is not subjected to undue impact. (Ord. 566, 5-15-2007) 9-5-3-3: Engineering Plans: The developer shall retain a professional engineer(s) to obtain the following information: A. Soils Report: For any proposed hillside development, a soils engineering report shall be submitted with the preliminary plat. This report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures and opinions and recommendations covering the adequacy of sites to be developed. B. Geology Report: For any proposed hillside development, a geology report shall be submitted with the preliminary plat. This report shall include an adequate description of site geology and an evaluation of the relationship between the proposed development and the underlying geology and recommendations for remedial remedies. The investigation and subsequent report shall be completed by a professional geologist registered in the state of Idaho. C. Hydrology Report: For any proposed hillside development, a hydrology report shall be submitted with the preliminary plat. This report shall include an adequate description of the hydrology, conclusions and recommendations regarding the effect of hydrologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed. (Ord. 566, 5-15-2007) 9-5-3-4: Grading Plans: A. Preliminary Grading Plan: A preliminary grading plan shall be submitted with each hillside preliminary plat proposal and shall include the following information: 1. Approximate limiting dimensions, evaluations or finish contours to be achieved by the grading, including all cut and fill slopes, proposed drainage channels and related construction; 2. Preliminary plans and approximate locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs and other protective devices to be constructed; and 3. A description of methods to be employed in disposing of soil and other material that is removed from the grading site, including the location of the disposal site. B. Final Grading Plan: A final grading plan shall be submitted with each final plat and shall include the following information: Page 10 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx 1. Limiting dimensions, evaluations or finish contours to be achieved by the grading, including all proposed cut and fill slopes and proposed drainage channels and related construction; 2. Detailed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs and other protective devices to be constructed; and 3. A schedule showing when each stage of the project will be completed, including the total area of soil surface which is to be disturbed during each stage together with estimated starting and completion dates. In no event shall the existing natural vegetative ground cover be destroyed, removed or disturbed more than fifteen (15) days prior to grading. (Ord. 566, 5-15-2007) 9-5-3-5: Development Standards: A. Soils: 1. Fill areas shall be prepared by removing organic material such as vegetation and rubbish, and any other material which is determined by the soils engineer to be detrimental to proper compaction or otherwise not conducive to stability. No rock or similar irreducible material with a maximum dimension greater than eight inches (8") shall be used as fill material in fills that are intended to provide structural strength. 2. Fills shall be compacted to at least ninety five percent (95%) of maximum density, as determined by AASHTO T99 and ASi'M D698. 3. Cut slopes shall be no steeper than two (2) horizontal to one vertical. Subsurface drainage shall be provided as necessary for stability. 4. Fill slopes shall be no steeper than two (2) horizontal to one vertical and shall not be located on natural slopes two to one (2:1) or steeper, or where fill slopes toes out within twelve feet (12') horizontally of the top of an existing or planned cut slope. 5. Tops and toes of cut and fill slopes shall be set back from property boundaries a distance of three feet (3') plus one-fifth (1/5) of the height of the cut or fill but need not exceed a horizontal distance of ten feet (10'). Tops and toes of cut and fill slopes shall be set back from structures a distance of six feet (6') plus one-fifth (1/5) the height of the cut or fill, but need not exceed ten feet (10'). 6. The maximum horizontal distance of disturbed soil surfaces shall not exceed seventy five feet (75'). B. Roadways: 1. Road alignments should follow natural terrain and no unnecessary cuts or fills shall be allowed in order to create additional lots or building sites. 2. One-way streets shall be permitted and encouraged where appropriate for the terrain and where public safety would not be jeopardized. Maximum width shall be seventeen feet (17') between the backs and curbs. 3. The width of the graded section shall extend three feet (3') beyond the curb back or edge of pavement on both the cut and fill sides of the roadway. If sidewalk is to be installed parallel to the roadway, the graded section shall be increased by the width of the sidewalk plus one foot (1') beyond the curb back. 4. Standard six inch (6") vertical curb and gutter shall be installed along both sides of all paved roadways. Page 11 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx C. Driveways And Parkings: Combinations of collective private driveways, cluster parking areas and on street parallel parking bays shall be used to attempt to optimize the objectives of minimum soil disturbance, minimum impervious cover, excellence of design and aesthetic sensitivity. (Ord. 566, 5-15-2007) 9-5-3-6: Vegetation and Revegetation: A. The developer shall submit a slope stabilization and revegetation plan which shall include a complete description of the existing vegetation, the vegetation to be removed and the method of disposal, the vegetation to be planted and slope stabilization measures to be installed. The plan shall include an analysis of the environmental effects of such operations, including the effects on slope stability, soil erosion, water quality and fish and wildlife. B. Vegetation sufficient to stabilize the soil shall be established on all disturbed areas as each stage of grading is completed. Areas not contained within lot boundaries shall be protected with perennial vegetal cover after all construction is completed. Efforts shall be made to plant those species that tend to recover from fire damage and do not contribute to a rapid rate of fire spread. C. The developer shall be fully responsible for any destruction of native vegetation proposed for retention. He shall carry the responsibility both for his own employees and for all subcontractors from the first day of construction until the notice of completion is filed. The developer shall be responsible for replacing such destroyed vegetation. (Ord. 566, 5-15- 2007) 9-5-3-7: Maintenance Required: The owner of any private property on which grading or other work has been performed pursuant to a grading plan approved or a building permit granted under the provisions of this title shall continuously maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures or means, and other protective devices, plantings and ground cover installed or completed. D. DISCUSSION: • Although the applicant is not proposing any new street widening it should be noted that the applicant is proposing the existing gravel private driveway (within proposed Bruneel Subdivision) to be utilized to serve two (2) residential lots and three (3) of the existing residential lots are proposed to take access from West Homer Road. An approval letter based on site specific and standard conditions of approval was received from the Ada County Highway District (ACHD) date stamped by the City of Eagle on November 14, 2018, including site specific conditions requiring street right-of-way dedication on West Homer Road and North Gooder John Lane totaling 26 -feet on each street, to accommodate future widening. The proposed subdivision contains slopes which exceed ten percent (10%). Based upon the slopes within the site, the proposed subdivision is considered a hillside development pursuant to Eagle City Code. Hillside Subdivisions require the following items with the submission of the Preliminary Plat application: 1. Soils Report 2. Geology Report 3. Hydrology Report 4. Preliminary Grading Plan The final plat received by the City on May 24, 2019, includes a plat note #10 which states, Page 12 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx "Parcel 4, Block 1 is a non -buildable lot unless certain grading guidelines and hillside development standards are reviewed and approved by the City at the time of development." The applicant's response letter to the City Engineer's comments received by the City on April 5, 2019, states, "No development in hillside area is proposed. Should hillside development be proposed in the future, a Hillside Development Permit will be prepared at that time." Since the proposed subdivision does not meet all of the criteria for a combined preliminary plat/final plat, the aforementioned items will need to be addressed. Staff recommends that the proposed subdivision be only considered as a preliminary plat at this time. • The applicant is requesting a waiver of the pressurized irrigation system to allow the property owners to continue to provide irrigation from the groundwater wells that will be necessary to provide potable water. The applicant's response letter to the City Engineer received by the City on April 5, 2019, states, "The irrigation/water rights for the property are proposed to be retained by Block 1 Lot 4 to continue farming activities. IDWR has approved Permits to Appropriate Water from ground water sources for the individual lots Block 1, Lots 1, 2, and 3." Pursuant to Eagle City Code Section 9-4-1-9(C)(2)(b), in the event an existing surface water right cannot be delivered to the property by an irrigation district, or canal company due to current delivery capacity or scheduling, the City Council may still require the installation of the pressure irrigation system, provided water rights can be made available to the property and delivery system modifications can be made so irrigation water can be supplied. In this case the issue is the timing of delivery. Staff recommends affirming the conclusion that the applicant has provided sufficient information to meet the conditions of a waiver request based on Eagle City Code Section 9-4- 1-9(C)(2). A pressurized irrigation waiver request may be granted since irrigation water is available for Lots 1, 2, 3, 4, and 5, Block 1. In the event the Council does not approve a pressurized irrigation waiver, the applicant should provide construction drawings showing infrastructure to provide flood irrigation to the seven (7) lots. The applicant should provide documentation showing the transfer of the appropriate irrigation water shares and an irrigation schedule for each residential lot prior to the City Clerk signing the final plat. (ECC 9-4-1- 9 _C] :2]) • The City has not received a private driveway maintenance plan and schedule. Pursuant to Eagle City Code Section 9-3-2-5(C), the applicant is required to provide a plan and schedule for the future repair and maintenance of the private driveway and associated drainage facilities. The applicant should provide a private driveway maintenance plan and schedule with the submittal of a final plat application. Staff and the City Engineer should review and approve the private driveway maintenance plan and schedule prior to the City Engineer signing the final plat. • The City has not received copies of the subdivision CC&R' s to date. The applicant should provide a copy of the CC&R' s for Bruneel Subdivision prior to the submittal of a final plat application. • The City has not received the Subdivision name approval by the County Engineer. The applicant should provide a copy of the Subdivision name approval prior to the submittal of a final plat application. • The preliminary plat, date stamped by the City on November 2, 2015, does not show locations for any street lights. Pursuant to Eagle City Code Section 9-4-1-5, all subdividers within the city limits are required to install street lights in accordance with city specifications and standards at locations designated by the Administrator. The applicant should provide a revised preliminary plat showing a street light located at the intersection of West Homer Road and North Gooder John Lane. The revised preliminary plat should be submitted prior to the Page 13 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) p-r_f.docx submittal of a final plat application. • The preliminary plat, date stamped by the City on May 24, 2019, contains a section identifying the setbacks for the R -E (Residential -Estates) zoning district as the following: Front 50 -feet, Interior Side 20 -feet, Street Side 35 -feet, and Rear 30 -feet. A plat note should be added to the preliminary plat to state, "Minimum building setback lines shall be in accordance with the City of Eagle zoning ordinance at the time of issuance of the building permit. All lot, parcel and tract sizes shall meet dimensional standards as established in the City of Eagle zoning ordinance." An existing shed is shown to be located within the setback of Lot 5, scaled at 17 -feet from the nearest property line. The applicant should provide a revised preliminary plat with the setback distances shown on the preliminary plat and the proposed property line realigned to accommodate the existing shed within the required setback. The revised preliminary plat should be provided prior to the submittal of a final plat application. • The applicant should provide a revised final plat with plat note #5 revised to state, "Lot 6, Block 1, is designated as a non -buildable common lot driveway which a) provides perpetual right of ingress/egress for Lots 4 and 5, b) the easement runs with the land, c) shall be subject to a blanket public utility easement, irrigation, property drainage, and ingress/egress easement, and d) shall be owned and maintained by the owner of Lot 5, Block 1, for such uses as designated within the declarations of Covenants, Conditions, & Restrictions for the subdivision, as amended from time to time using the driveway. Lot 6, Block l." The revised preliminary plat shall be provided prior to the submittal of a final plat application. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based on the information provided to staff to date, staff recommended approval of the annexation and rezone from RR (Rural Residential — Ada County designation) to R -E -DA (Residential -Estates with a development agreement) with the conditions of approval provided within the staff report. Based on Eagle City Code 9-2-3(B)(2-4) staff did not recommend approval of a combined preliminary/final plat. Staff did recommend approval of a preliminary plat with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on July 1, 2019, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in opposition to the applications were presented to the Planning and Zoning Commission by no one. C. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by no one (not including the applicant/representative). COMMISSION DELIBERATION: (Granicus time 39:11) Upon closing the public hearing, the Commission discussed during deliberation that: • The applicant's intent is to improve Lot 4 at a later date, (which includes hillside development) and submit additional hillside development documents at that time. The street dedication of 26 -feet wide required by ACHD is less than the 30 -feet wide existing prescriptive right-of-way therefore, the Commission recommends the combined preliminary and final plat be approved at this time with the annexation and rezone. Page 14 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 5 to 0 to recommend approval of A-07-18/RZ-12-18 for an annexation and rezone from RR (Rural Residential — Ada County designation) to R -E -DA (Residential Estates with a development agreement) with the following conditions to be placed within a development agreement: 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, 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. 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.3 The maximum density for the Property shall be one (1) unit per five (5) acres (five (5) single-family lots) and shall not exceed .13 units per acre. 3.3 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) A maintenance manual for the private driveway requiring the Owner of Lot 5, Block 1, shall have the duty to maintain and operate the private driveway including the repair and replacement of asphalt and sidewalks as necessary, in perpetuity. (b) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance 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. COMMISSION DECISION REGARDING THE COMBINED PRELIMINARY/FINAL PLAT: The Commission voted 5 to 0 to recommend approval of PP/FP-02--18 for a combined preliminary and final plat for Bruneel Subdivision (fka Gooder John Subdivision) for Steve Bruneel with the following site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission and strikethrough text to be deleted by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-12-18. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City, whichever occurs first. 4. Provide a revised preliminary plat with a new plat note stating, "Development of this property shall be in conformance with Eagle City Code or as pursuant to the applicable approved development agreement associated with RZ-12-18." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 8-2-1) Page 15 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx 5. Provide construction drawings showing a typical street section for the private driveway for Lots 4 and 5 at the time of submittal of a final plat application. 6. Provide a revised preliminary plat with the section identifying the setbacks removed and the plat note revised to state, "Minimum building setback lines shall be in accordance with the City of Eagle zoning ordinance at the time of issuance of the building permit. All lot, parcel and tract sizes shall meet dimensional standards as established in the City of Eagle zoning ordinance." The revised preliminary plat shall be provided prior to the submittal of a final plat application. (ECC 8-2-4) 7. Provide a revised preliminary plat with the setback distances shown and the proposed property line realigned to accommodate the existing shed within the required setback located within Lot 5, Block 1. The revised preliminary plat should be provided prior to the submittal of a final plat application. 8. Provide a revised preliminary plat with note #4 revised to state, "Lot 4, Block 1 is non -buildable unless certain grading guidelines and hillside development standards are reviewed and approved by the City at the time of development." 9. Provide a revised preliminary plat with an additional note to state, "Lot 6, Block 1, and Lot 1, Block 2, are non -buildable lots." 10. • ; • • 11. The applicant shall provide a revised preliminary plat which contains a plat note that: 1) conveys to each owner of Lots 4 and 5 within the subdivision to be served by the private driveway the perpetual right of ingress and egress over the described private driveway, 2) provide that such perpetual easement shall run with the land, 3) provide that the restrictive covenant for maintenance of the private driveway cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the City. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-3-2-5) 12. The applicant shall provide a private driveway maintenance plan and schedule with the submittal of a final plat. The private driveway and maintenance plan shall be reviewed and approved by staff and the City Engineer prior to the City Engineer signing the final plat. (ECC 9-3-2-5 IC] [1]) ... 14. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 15. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board at the time of development of Lots 1, 2, and 3) along the north side of West Homer Road within this development. Trees shall be placed at the front of each lot on the side lot lines, or as approved by the Design Review Board and within five -feet (5') of the edge of the roadway. Prior to the City Clerk signing the final plat, the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements within landscape strips. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be Page 16 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Goofier John) pzf.docx issued if weather does not permit landscaping. (ECC 8 -.2A -7[E] and ECC 8-2A-18). 16. Provide a copy of the CC&R's for Bruneel Subdivision. The CC&R's shall be provided prior to submittal of the final plat application. 17. Provide a copy of the Subdivision name approval by the County Engineer. The Subdivision name approval shall be submittedprior to the submittal of the final plat application. 18. Any overhead utilities serving the site shall be located underground. (ECC 9-4-1-8) 19. The Bruneel Subdivision shall remain under the control of one Homeowners Association. (ECC 9- 3-8[D][4]) ADDITIONAL SITE SPECIFIC CONDITIONS OF APPROVAL RECOMMENDED BY THE PLANNING AND ZONING COMMISSION WITH THE RECOMMENDED APPROVAL OF THE COMBINED PRELIMINARY/FINAL PLAT APPLICATION: 1. Provide a revised final plat with plat note #3 revised to state, "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." The revised final plat shall be provided prior to the City Clerk signing he final plat. 2. The applicant shall provide a revised final plat with plat note #5 revised to state, "Lot 6, Block 1, is designated as a non -buildable common lot driveway which a) provides perpetual right of ingress/egress for Lots 4 and 5, b) the easement runs with the land, and c) shall be owned and maintained by the owners using the driveway. Lot 6, Block 1 shall be subject to a blanket public utility easement, irrigation, property drainage, and ingress/egress easement." The revised final plat shall be provided prior to the City Clerk signing the final plat. 3. Provide a revised final plat with plat note #9 revised to state, "This development is subject to the terms of the development agreement associated with rezone application RZ-12-18 recorded as instrument # and all subsequent modifications". The revised final plat shall be provided prior to the City Clerk signing the final plat. 4. Provide a revised final plat with plat note #10 revised to state, "Lot 4, Block 1 is non -buildable unless certain grading guidelines and hillside development standards are reviewed and approved by the City at the time of development." 5. Provide a revised final plat with an additional note to state, "Lot 6, Block 1, and Lot 1, Block 2, are non -buildable lots." 6. Provide an approval letter from the Star Fire Protection District for use of the existing turnaround located at the north end of North Gooder John Lane. The approval letter shall be provided prior to the City Clerk signing the final plat. 7. Any stub street which is expected to be extended in the future shall be provided with a sign generally stating that, "This Street is to be extended in the future." 8. In accordance with Eagle City Code Section 9-3-10, all fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open style fencing such as wrought iron or other similar decorative style, durable fencing material. 9. The applicant shall provide a revised final plat with a new plat note to state, "Other than the access points specifically approved with this application, direct lot or parcel access to West Homer Road is prohibited unless specifically approved by Ada County Highway District and the City of Eagle." The revised final plat shall be provided prior to the City Clerk signing the final plat. 10. At the time of providing surety information the applicant shall provide a schedule that depicts the timing for completion of the required improvements. Page 17 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx 11. The applicant shall provide a revised final plat with a revised plat note #8 which states, "This subdivision is subject to an Ada County Highway District license agreement recorded as Instrument No. , prior to the City Clerk signing the final plat. 12. Provide a note on the final plat stating all storm water from the individual lots is to be retained on the individual lots per Eagle City Code 9-4-1-10. The revised final plat shall be provided prior to the City Clerk signing the final plat. 13. Provide documentation showing the transfer of the appropriate irrigation water shares and an irrigation schedule for each residential lot prior to the City Clerk signing the final plat. 14. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to the City Clerk signing the final plat. 15. The applicant shall provide a revised final plat with the Approval of Central District Health Department, sheet four (4) revised to state, "SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE, TITLE 50, CHAPI'ER 13 HAVE BEEN SATISFIED FOR LOT 5, BLOCK 1 ACCORDING TO THS LETTER TO BE READ ON FILE WriH THE COUNTY RECORDER OR HIS AGEN 1 LIS'11NG THE CONDITIONS OF APPROVAL. SANITARY RESIRICTIONS MAY BE RE -IMPOSED, IN ACCORDANCE WITH SECTION 50-1326, IDAHO CODE, BY THE ISSUANCE OF A CERT1FICA'1E OF DISAPPROVAL. The revised final plat shall be provided prior to the City Clerk signing the final plat. 16. The applicant shall provide a revised final plat with the Certificate of City Engineer, sheet four (4) revised to state, "I, THE UNDERSIGNED CITY ENGINEER IN AND FOR THE CITY OF EAGLE, ADA COUNTY, IDAHO, DO HEREBY CERTIFY THAT AT I HAVE CHECKED THIS FINAL PLAT AND THAT THE EAGLE CITY REQUIREMENTS REGARDING FINAL PLATS HAVE BEEN MET. EAGLE CITY ENGINEER ( )." The revised final plat shall be provided prior to the City Clerk signing the final plat. 17. The applicant shall provide a revised final plat with the Approval of City Council, sheet four (4) revised to state, "I, THE UNDERSIGNED CITY CLERK IN AND FOR THE CITY OF EAGLE, ADA COUNTY, IDAHO, DO HEREBY CERTIFY THAT AT A REGULAR MEE'iING OF THS C11 Y COUNCIL. HELD ON THE DA 1 E OF , THIS FINAL PLAT WAS APPROVED AND ACCEPIED. CITY CLERK ( )." The revised final plat shall be provided prior to the City Clerk signing the final plat. 18. The applicant shall not construct any required improvements, including, storm drainage or roadway facilities, until the City has received a copy of the ACHD stamped and approved final engineering construction drawings. Upon receipt of the ACHD approved construction drawings and confirmation by the City Engineer that they comply with the City approved construction drawings, the City will issue a "notice to proceed with construction" to the applicant's designated representative. 19. Provide a copy of the CC&R's for Bruneel Subdivision. The CC&R' s shall be provided prior to the City Clerk signing the final plat. 20. Provide a copy of the Subdivision name approval by the County Engineer. The Subdivision name approval shall be submitted prior to the City Clerk signing the final plat. Page 18 of 24 KAPlanning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx 21. Provide a copy of the CC&Rs with the following language included: "All fencing located adjacent to open space, or in any required front or street side yard areas shall be open -style such as wrought iron or extruded aluminum (looks identical to wrought iron). All other fencing (i.e. cedar fencing, vinyl, chainlink) shall be prohibited. Fencing in any required front yard area shall be limited to four feet (4') in height." The revised CC&Rs shall be provided prior to the City Clerk signing the final plat. The CC&R' s shall be provided prior to the City Clerk signing the final plat. 22. 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. 23. Provide a copy of the recorded CC&Rs for the subdivision, two (2) full size copies of the recorded final plat, and an 8 1/2" x 11" recorded copy of the final plat of Bruneel Subdivision, prior to the issuance of any building permits. 24. Provide as -built drawings upon the completion of improvements for the pressurized irrigation system and street lights prior to the issuance of any building permits. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Department of Environmental Quality approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat. 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. Page 19 of 24 KAPlanning Dept\Eagle Applications\SUBS\2018\Bruneel Sub Oka Gooder John) pzf.docx Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat .9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&Rs 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. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14 The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department Page 20 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Goofier John) pzf.docx 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. 16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Parks and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development Commission prior to approval of the final plat by the City Council. 20. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and the City Engineer and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 24. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. Page 21 of 24 KAPlanning Dept\Eagle Applications\SUBS\2018\Bruneel Sub Oka Gooder John) pzf.docx 25. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 26. Basements in homes in the flood plain are prohibited. 27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 28. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 29. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) 2 . After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 31. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 33. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. Page 22 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-07-18/RZ-12-18) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone upon annexation, is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R -E -DA (Residential Estates with a development agreement) is consistent with the Residential Rural designation as shown on the Comprehensive Plan Land Use Map since the development agreement will prohibit additional dwellings from being constructed on the property, therefore, maintaining the density at one unit/five acres; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist to serve all uses allowed on this property under the proposed zone. The site will be served by an individual well and septic system; c. The proposed R -E -DA (Residential -Estates with a development agreement) zone is compatible with the RR (Rural Residential — Ada County designation) zone and land use to the north and west since those areas may be developed with a subdivision with a similar density; d. The proposed R -E -DA (Residential -Estates with a development agreement) zone is compatible with the RUT (Rural -Urban Transition — Ada County designation) zone and land use to the south since that area may be developed with a subdivision with similar density; e. The proposed R -E -DA (Residential -Estates with a development agreement) zone is consistent with the R -E -DA (Residential -Estates with a development agreement) zone and land use to the east since that area is designated as Residential Rural in the Comprehensive Plan and has been developed with lots of similar size; f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan, however, in the event Lot 4 is developed with a single-family home, the lot owner will be required to address any hillside grading concerns prior to the issuance of a building permit; and g. Conditioned within the development agreement, each lot within the subdivision will be in conformance with the required 1.8 -acre minimum lot size of the R -E (Residential -Estates) zoning designation. Also, the development agreement will prohibit additional residential dwellings to be constructed on-site. 2. The Commission reviewed the particular facts and circumstances of this proposed combined preliminary plat/final plat (PP/r'1'-02-18) and based upon the information provided concludes that the proposed combined preliminary plat/final 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 use is in accordance with the Estate Residential land use designation of this area shown within the Comprehensive Plan; b. The subdivision will be served adequately by essential public facilities such as streets, police and fire protection, schools, drainage structures, refuse disposal; 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 Page 23 of 24 K:\Planning Dept\Eagle Applications\SUBS\2018\Bruneel Sub (tka Gooder John) pzf.docx continuity; d. That based upon agency verification and additional written comments of the Ada County Highway District as conditioned herein, there is adequate public financial capability to support the proposed development; e. That any health, safety and environmental problems that were brought to the 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 plat/final plat applications (PP/FP-02-18) 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. Street dedication is involved, however the existing prescriptive right-of-way for both Homer Road and Gooder John Lane is 30 -feet, which is more than the 26 -feet required from ACHD for street dedication. The ACHD staff report states, "a waiver of policy to widen both Homer Road and Gooder John Lane due to the rural nature of the plat, and the existing improvements," since ACHD is not requiring any road widening improvements; 3. No major special development considerations are involved such as development in a floodplain. Hillside considerations are addressed as follows: The proposed subdivision is not located within an Area of Special Flood Hazard (ASFH), however, the site is located in an area of critical concern as designated pursuant to Eagle City Code Title 9 for hillside development. The application is in accordance with the requirements of combining a preliminary/final plat since the applicant will be required to address the hillside development issues by submitting soil, geology, and grading plans with the submittal of a building permit for Lot 4 as required within Site Specific Condition of Approval #4 herein. 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. DATED this 5th day of August, 2019. ,, w .,, 1 11111,,2 PLANNING AND ZONING COMMISSION ...''' 01-' EA f; �•••••• • OF THE CITY OF EAGLE bL./�••• •••o k • ;