Findings - PZ - 1996 - Revised PP - Pp For Echo Creek Subd #5,6,7.
-\
BEFORE THE EAGLE PLANNING
AND ZONING COMMISSION
IN THE MATTER OF AN APPLICA nON)
FOR A REVISED PRELIMINARY PLAT)
FOR ECHO CREEK SUBDIVISION NOS, )
5,6 AND 7.
CASE NO, PP-3-96
)
)
)
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
The above-entitled revised preliminary plat application having come on and for consideration
before the Eagle Planning and Zoning Commission on September 16, October 7 and October 21,
1996, and the Eagle Planning and Zoning Commission having heard and taken oral and written
testimony, and duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
Findines of Fact
1.
Application for a revised preliminary plat from the applicant was received by the City
of Eagle on August 16, 1996 and was found to be complete and accepted by the City at that time,
Notice of Public Hearing on the application before the City of Eagle Planning and Zoning
Commission was published in accordance with requirements of Title 67, Chapter 65, Idaho Code,
and the Eagle City Code on August 27, 1996, Notice of this public hearing was mailed to adjoining
property owners in accordance with the requirements of Section 9-2-3(D)(2) of the Eagle City Code
on August 27, 1996, Requests for other agencies' reviews were transmitted on August 29, 1996, in
accordance with the requirements of the Eagle City Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
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2,
Public Hearing on the application was held before the Planning and Zoning
Commission on September 16, at which time testimony was taken and the public hearing was closed.
The Planning and Zoning Commission continued the matter until October 21, 1996 at which time
rendered its decision,
3.
The property which is the subject of the application is located at the northwest corner
of Floating Feather Road and the new alignment of Highway 55 in Ada County, Idaho, The property
consists of approximately 50.40 acres in an R-5 zone (Residential - five units per acre),
4.
The owner of the property at the time of the application was Treasure Valley
Development, located at 680 North 9th Street, Boise, Idaho 83702, The applicant's representative
is William Guhrke,
5,
History of Previous Actions: On March 2, 1991 the City Council approved with
conditions the preliminary plat of Trail Creek Ranch Subdivision which included Echo Creek
Subdivision, On December 10, 1991, the City Council approved with conditions the preliminary
plat of Echo Creek Subdivision Phases 1 through 7, Since the above mentioned City Council
approvals of the preliminary plat, the City Council has approved final plats for Phases 1 through 4
all of which are located on east side of the new Highway 55 alignment.
6.
Project Description: A proposed 154 lot residential subdivision consisting of 149
residential lots, two parks, and three common lots, The density will be 2,96 dwelling units per acre
and the common areas are proposed for 3,28 areas, The applicant proposes a revised preliminary
subdivision plat for this property modified to take into account a straight alignment of the new
Highway 55, as opposed to a curved alignment shown on the City Council approved plat. The
FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 2
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property is to be served by Eagle Water Company and the Eagle Sewer District. There were no
special on-site features other than a finding of evidence of erosion,
a,
Private or Public Street Standards: All roads proposed in the subdivision
will be public, The sidewalks are proposed on both sides of the interior streets within the
subdivision, Ada County Highway District ("ACHD") has requested that sidewalk not be
constructed along Floating Feather Road at this time but that the developer post a deposit to
the ACHD Road Trust Fund for future installation, It is unknown if the sidewalk is proposed
to be a meandering sidewalk on Floating Feather Road, It also appears that no sidewalk is
propose along the new Highway 55, The street names as approved by the Ada County Street
Names Committee were provided to the City as shown on the revised preliminary plat. Curbs
and gutters which meet ACHD are proposed for the interior streets, Curb and gutter along
Floating Feather Road is intended to be constructed by ACHD when Floating Feather Road
is reconstructed, Lighting for the proposed public streets is required, and locations will be
shown on the final plat.
b,
On and Off-Site PedestrianlBicycle Circulation: The applicant has
proposed to donate land necessary for an underground or overhead pedestrian crossing of the
new Highway 55 and is working with the City of Eagle and the Idaho Transportation
Department ("ITD") to accomplish the same,
Such donation would modify the lot
configuration, reducing common lot 65 and adding an additional lot at the final crossing site,
The crossing is intended to provide a safe pedestrianlbicyc1e connection between the east and
west sides of new Highway 55. No on-site bike paths are proposed, The applicant is also
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proposing to provide a 5- foot wide pedestrianlbicyc1e path connecting this subdivision to the
Lexington Hills subdivision to the north, The pathway would be in a lO-foot wide easement.
This path was recommended by ACHD and is not shown on the submitted plat. The
applicant's engineer states suggested the location be between lots 32 and 38 of block 12,
c,
Other Design Elements:
Street drainage plans were submitted by the
applicant as required by the Subdivision Ordinance, Applicant will submit detail drainage
plans showing direction of runoff from each parcel to the City Engineer prior to City
approval of any final plats for the subdivision, Two blocks at the north end of the
subdivision measure less than 500-feet in length (one is approximately 430-feet and the other
is approximately 370-feet), The topography on the west side, and the extra depth needed for
the lots provides a sufficient distance between the residences and the new Highway 55, on
the east side and limit these two block lengths, thus requiring a variance pursuant to Eagle
City Code Section 9-6-3, All other blocks are more than 500-feet. The applicant originally
proposed a 20-foot wide landscape greenbelt strip along Floating Feather Road. This
proposal has been modified at ACHD's request and applicant now proposes a 6-foot
reduction in the lot depth for building lots along Floating Feather Road to allow for adequate
landscaping along the identified greenway, The site plan shows a 16-foot wide landscape
strip With a 6-foot high berm (with a 2 Yz to 1 slope) along new Highway 55, However the
applicant has stated that a 19-foot wide landscape strip with a 6-foot high berm will be
provided along new Highway 55 (to allow a 3 to 1 slope of the berm), Two parks, three
I
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~I~~~~~;f FACT AND CONCLUSIONS OF LA W - Page 4
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common lots and the proposed common lot along new Highway 55 will provide a total of
8.4% of common area,
7.
The subject property is bounded on the North by vacant property zoned R-4
(Residential - not exceeding four dwelling units per acre) and on the South, East and West by
developed residential property as follows: South R-4 and R-5, East - R-5 and West - R-4,
8,
Comments were received from other public agencies and are summarized as follows:
a,
Ada County Highway District - Letter dated October 4, 1996 - On October
2, 1996, ACHD approved the Preliminary Plat application, Prior to Final Plat approval,
ACHD requires drainage plans, plans for public street improvements, approved street names,
any required deposit to the Pubic Rights-of- Way Trust Fund, copy of easements, and Final
Plat Drawings,
b,
Ada County Street Name Committee - Subdivision Evaluation Sheet dated
September 19, 1996, Approved street names,
c,
Ada Planning Association - Letter dated September 11, 1996, Recommended
that pedestrian and bicycle facilities be provided along Floating Feather Road and the City
of Eagle and the Idaho Transportation Department pursue a pedestrian/bicycle crossing at
Highway 55 in the vicinity of Floating Feather Road,
d.
Central District Health - September 6, 1996, Approved the proposal for
central sewage and water, requires that plans for the same be submitted and approved by the
Idaho Department of Health and Welfare, Division of Environmental Quality, that the street
FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 5
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runoff is not to create a mosquito breeding problem and that the Applicant comply with
Central District Health's storm water management recommendations,
e,
Idaho Department of Health and Welfare, Division of Environmental Quality
- September 10, 1996, Require review and approval of sewer and water plans and that storm
water facilities be designed according to the IDEQ Guidelines for the Treatment and
Disposal of Storm water Runoff,
f,
Eagle Fire Protection District - Letter dated September 4, 1996, Requires that
street signs shall be up prior to construction and set forth specific design criteria for roads,
fire-flows and fire hydrant locations,
g,
Eagle Sewer District - Letter dated September 5, 1996,
Stated that
subdivision is within the service area of the Eagle Sewer District, but that the Sewer
District's filter basin capacity is exhausted and no sewer permits will be issued until the
matter is resolved, Subsequent to the hearing on October 16, 1996, the Sewer District began
to issue sewer permits,
h,
Joint School District No, 2 ("Meridian School District") - Letter dated
September 4, 1996. Indicated that the subdivision would be served by the Meridian School
District, but that the Eagle Elementary School is currently at 129 percent of capacity,
9,
Letters From the Public: Two letters dated September 17, 1996 and September 19,
1996 were received from Richard C, Kinder, P ,E. He is recommending that the city withhold
approval of any additional phases of this preliminary plat until the issues raised in his letter, for the
east side of this preliminary plat, are addressed,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
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10.
The subdivision application is subject to the requirements of Title 9 of the Eagle City
Code, Pursuant to ECC Section 9-1-3, the purpose of Title 9 is:
[T]o promote the public health, safety and general welfare, and to provide for:
11.
(1)
(2)
The harmonious development of the city and its area of impact;
The coordination of streets and roads within a subdivision with other existing
or planned streets and roads;
Adequate open space for travel, water drainage and sanitary facilities:
Adequate transportation, water drainage and sanitary facilities;
The avoidance of the scattered subdivision of land that would result in either
of the following:
(a) The lack of water supply, sewer service, drainage, transportation or
other public services; or
The unnecessary imposition of an excessive expenditure of public
funds for the supply of such services,
(3)
(4)
(5)
(b)
Eagle City Code Section 9-6-3 authorizes a variance to Title 9 where the following
conditions exist:
(1)
(2)
(3)
(4)
(5)
That there are such special circumstances or conditions affecting the property
that the strict application of the provisions of this Title would clearly be
impracticable or unreasonable, In such cases, the subdivider shall first state
his reasons in writing as to the specific provision or requirement involved,
That strict compliance with the requirements of this Title would result in
extraordinary hardship to the subdivider because of unusual topography,
other physical conditions or other such conditions which are not self-
inflicted, or that these conditions would result in inhibiting the achievement
of the objectives of this Title;
That the granting of the specified variance will not be detrimental to the
public welfare or injurious to other property in the area in which the property
is situated,
That such variance will not violate the provisions of the Idaho Code.
That such variance will not have the effect of nullifying the interest and
purpose of this Title and the Comprehensive Plan,
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12,
The City of Eagle Comprehensive Plan sets forth, in part, the following relevant
objectives:
PURPOSE AND SCOPE: To protect property rights and enhance property
values; to ensure that adequate public facilities and services are provided to the
people at reasonable cost; to encourage urban and urban-type development within
the incorporated city limits of Eagle in harmony with the rural character of the area;
to avoid undue concentration of population and overcrowding of land; to ensure that
the development of land is commensurate with the physical characteristics of the
land; and to allow local school districts to participate in the community planning and
development process in order to address public school needs and impacts on an
ongoing basis,
TRANSPORTATION: The following policies and goals as set forth in the
Eagle Comprehensive Plan are relevant to this subdivision application: ".., 4. To
require that safety design systems are integrated into all school sites and recreation
areas, including such items as signalization, sidewalks, and alternate traffic patterns,
5, To require that new developments provide for pedestrian, equestrian and bicycle
circulation in accordance with adopted local and regional pathway plans; .., [and] 18,
To establish and require minimum setbacks between development and roadways and
to encourage installation of berms and landscaping for all developments to enhance
safety and to enrich the roadway and community appearance,"
"The transportation system of the City should recognize and place equal emphasis on
roadways which are to accommodate the motorized transportation needs of trucks, farm equipment,
buses and automobiles and pathways intended for non-motorized use to accommodate pedestrians,
bicycles, and equestrian needs,"
13.
STAFF REPORT:
In the Staff Report the Zoning Administrator provided the
following discussion:
.
Phases 1 through 4 experience drainage problems in several areas within the
subdivision, Mr, Kinder (see attached letter) points out that the backside of
several lots within the subdivision drain onto the backside of the adjoining
downstream lot. Staff has had several complaints from residents who are
concerned about water drainage from back lots as well as side lots, Saturated
soils and flooded crawl spaces are also a common complaint of some of the
residents in the subdivision, Mr. Kinder also states that, "The ground has
settled and fences are falling over due to the saturated soils and poor
drainage."
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Staff and the City Engineer have been trying to obtain the approved drainage
plans, It appears that the City, at the time of review of phases 1 through 4,
did not require specific lot drainage plans but simply drainage plans as is
typically required by ACHD, Those plans are reviewed to assure storm water
run-off is retained on site (within the subdivision), The City is now requiring
developers to show how each lot will drain and this requirement should apply
to Echo Creek Revised,
It should also be noted that the developer sold the lots and had no control of
grading after the lots were owned by the individual builders. Also, even
though the City Engineers are trying to find a resolution to the puddling
problem on Floating Feather Road, water drainage and/or puddling on the
public streets (including Floating Feather Road) is the ultimate responsibility
of ACHD, However, ACHD bases run-off calculations on a certain amount
of water per square foot. The residents within the subdivision use as much
irrigation water as they want for a specific fee, and because of this water use,
the calculations ACHD typically uses to calculate expected run-off would be
inefficient in this case,
Staff believes that the combination of poor grading and over watering has
caused the problems addressed, Since it appears that the city had no
requirement for the developer to submit specific grading plans (from lot to
lot), although terribly unfortunate, staff believes that the responsibility for lot
grading is the individual property owner's, Also, the homeowner's
association should do something to limit the amount of irrigation water used
by the residents,
The City of Eagle should require the applicant of Echo Creek Revised to
address drainage within a grading plan for phases 5 through 7 and provide a
drain system as approved by the City Engineer and ACHD. If a storm drain
system is needed (due to the extra run-off that can be expected if the water
use is not controlled) it should be required,
.
The applicant has agreed to create a common area between the fence, located
at the center of the berm along the west side of new Highway 55, to the
proposed Highway 55 right-of-way line (approximately 20-feet wide), The
lot should be described as Common Area as defined in the Echo Creek
subdivision Conditions, Covenants and Restrictions's and should be
maintained by the Homeowners Association upon written approval from the
Homeowners Association,
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.
The City of Eagle should require a berm and landscaping along Floating
Feather similar to the berm and landscaping in front of Lexington Hills
subdivision for aesthetic purposes and to help prevent sound from entering
the subdivision. The berm should be reviewed and approved by the Design
Review Committee. This area should also be considered Common Area as
defined within the Echo Creek subdivision conditions, covenants and
restrictions,
.
The earth berms (on the west side of new Highway 55 and on Floating
Feather Road) should contain well graded material in the form of topsoil (as
may be required by the Design Review Committee) for landscaping purposes,
.
The City of Eagle should require the applicant to provide written certification
that the pressurized irrigation system is capable of delivering 15 g,p,m, at 50
psi during 25% utilization of phases 1 through 7,
.
The proposed Highway 55 alignment splits phases 1 through 4 and phases 5
through 7, The new elementary school is located within Lexington Hills
subdivision which creates a safety concern for children crossing the proposed
Highway 55, Likewise, the proposed recreation park is located east of the
existing Highway 55, creating a safety concern for pedestrians from
developments west of the Highway 55, The City should not depend on the
signal light at Floating Feather Road and new Highway 55 for safe pedestrian
croSSIng,
The applicant has been very helpful in working with the City to consider
donating land to include a pedestrian bridge crossing, and pathway
connecting to the public sidewalks, with direct access between Echo Creek
and Trail Creek.
.
On Wednesday, October 9, 1996, a meeting was held to discuss placement
of a berm and relocation of the cedar fence along the property line between
the new Highway 55 and the existing Trail Creek subdivision. Bill Guhrke,
City staff, ITD staff, Richard Kinder, Chuck Jeters and several others were
in attendance, It appears that a positive solution to resolve the need for a
berm along this property line may be reached soon,
14,
The City Engineer reviewed the preliminary plat application and provided letters
dated August 16, 1996, and September 12, 1996 to the City and provided specific recommendations
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regarding the preliminary plat and recommended approval subject to the conditions set forth in the
September 12, 1996 letter,
15,
At the public hearing on September 16, 1996, oral testimony was presented before
the Planning and Zoning Commission by eight individuals opposed to the application based
generally on the following: 1) objected to the building or lot density; 2) concern with Phases 1
through 4 including drainage, berming along the new Highway 55, and pressurized irrigation
adequacy; and 3) access between the Phases 1 through 4 and 5 through 7 as they are divided by the
new Highway 55,
Conclusions of Law
1.
The revised preliminary subdivision plat application submitted by Applicant on
August 16, 1996, is complete and was accepted by the City of Eagle.
2,
All requirements for providing notice of the application and the public hearings
thereon, including notice by publication, notice by mailing, and notice to other agents as set forth
in Title 67, Chapter 65, Idaho Code, and ordinances of the City of Eagle have been complied with,
3,
All requirements for the conduct of public hearings as set forth in Title 67, Chapter
65, Idaho Code and the Ordinances of the City Eagle have been complied with,
4,
The City of Eagle has the authority to approve, conditionally approve, or deny the
subdivision application pursuant to Title 67, Chapter 65, Idaho Code, and Title 9 of the Eagle City
Code,
5,
The Planning and Zoning Commission hereby finds the revised preliminary plat
application PP 96-3 is:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
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a,
In conformance with the Comprehensive Development Plan in that the land
use proposed conforms to the Comprehensive Plan land use designation map, that the
subdivision will be provided with adequate public facilities and services at a reasonable cost,
the subdivision is an urban-type development and that it does not create an undue
concentration of population and that the subdivision can be served by the public schools as
testified to by the Meridian School District;
b,
That there are (or there is expected to be) adequate available public services
to accommodate the proposed development based upon the testimony and comments of the
Eagle Sewer District, Ada County Highway District, the Meridian School District, United
Water and the City Engineer;
c.
That there are no known capital improvement programs for which this
development would prevent continuity;
d,
That the based upon the testimony and comments of the Meridian School
District, the Eagle Sewer District and the Ada County Highway District, there is sufficient
public financial capability to support the proposed development.
In making this
determination, the Commission considered the statements of the Meridian School District
that the schools in the Eagle area are crowded and that the Eagle Elementary School is at 129
percent of capacity, and
e,
That the other health, safety and environmental problems that were brought
to the Commission's attention, namely those related to berming and noise, drainage, road
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
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(
crossings and irrigation and those issues have been adequately addressed by the applicant or
will be conditions of final plat approval as further set forth below,
f.
That the conditions for granting a variance pursuant to Eagle City Code
Section 9-6-3 exist; namely that:
(1)
The special circumstances or conditions affecting the property such
that the strict application of the provisions of Title 9 would clearly be
impracticable or unreasonable are that the land is bounded by an
existing subdivision and the new Highway 55 such that the east-west
blocks may not be 500 feet without reconfiguring the subdivision
creating an unreasonable configuration of lots;
(2)
That street compliance with the requirements of Title 9 would result
in an extraordinary hardship to the subdivision because of unusual
topography, other physical conditions or other such conditions which
are not self-inflicted in that the design of the new Highway 55 is the
cause of the needed variance and without such variance the
subdivision would be poorly designed or undevelopable;
(3)
That the granting of this variance will not be detrimental to the public
welfare or injurious to other property in the area because the
subdivision as proposed will have adequate access and the shortened
blocks do not create unreasonably small blocks for the design of this
subdivision,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
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(4)
That this variance does not violates the provisions of the Idaho Code;
and
(5)
That this variance will not have the effect of nullifying the interest
and purpose of this Title and the Comprehensive Plan because the
subdivision as a whole is in harmony with the surrounding area and
conforms to the Comprehensive Plan,
Decision
The Planning and Zoning Commission of the City of Eagle hereby approves the revised
subdivision preliminary plat application for Echo Creek Subdivision Phases 5, 6, and 7 with the
following conditions (Excluding condition #7 and #8 and Standard Condition #28 and adding two
conditions; 1, That the applicant submit landscaping plans for the common area along Floating
Feather Road and new Highway 55 for Planning Commission approval prior to final plat approval
of Phase 5; and 2, That the applicant provide 6 additional feet of property along the building lots
on Floating Feather to be used as landscape area/common area):
1.
Comply with all the conditions of approval of the preliminary plat acted on by the
City Council on March 2, 1991, and on November 26, 1996.
2,
Instead of making a deposit to the ACHD Road Trust Fund for future installation of
a sidewalk along Floating Feather Road construct a meandering 5-foot wide concrete
sidewalk along Floating Feather Road abutting the site to attach to the existing
sidewalk to the west. Or coordinate the construction of a meandering sidewalk with
ITD as a part of their intersection improvements,
3,
Continue working with the City to provide a donation of land for a pedestrian bridge
crossing (over or under) new Highway 55, and easement for a pathway connecting
to the public sidewalks allowing direct access to the area between Echo Creek and
Trail Creek. Depending upon the final location, lot 51 may become a common lot,
FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 14
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9,
in which case an addition lot (80 feet wide) shall be allowed abutting proposed lot
64,
4,
Provide a bicycle pathway (as may be determined by the City Council) as a part of
the public right-of-way on all streets within the subdivision,
5,
Provide a 5-foot wide pedestrianlbicycle path connecting this subdivision to the
Lexington Hills subdivision to the north, The pathway shall be within a 10-foot wide
easement located somewhere between lots 32 and 38 of block 12,
6,
Detail drainage plans showing direction of runoff from each parcel shall be required
for review and approval by the City Engineer (and ACHD) prior to City approval of
any final plats for the subdivision, If a storm drain system is determined to be
needed by ACHD, it shall be required,
7.
Provide a 20-foot wide landscape/greenbelt strip along Floating Feather Road as
proposed, with a berm and landscaping similar to the berm and landscaping in front
of Lexington Hills subdivision, Design and landscaping to be reviewed and
approved by the Design Review Committee prior to City approval of final plat. This
area shall be considered Common Area as defined within the Echo Creek subdivision
conditions, covenants and restrictions,
8,
Provide a 19-foot wide landscape strip with a 6-foot high berm along the west side
of the new Highway 55 (with a maximum 3 to 1 slope of the berm), Design and
landscaping to be reviewed and approved by the Design Review Committee prior to
City approval of final plat.
The earth berms (on the west side of new Highway 55 and on Floating Feather Road)
shall contain well graded material in the form of topsoil (as may be required by the
Design Review Committee) for landscaping purposes.
10,
Utility easements shall not be less than 12 feet wide and shall be shown on the final
plat.
11.
The amount of open space proposed (8.4%) shall be permitted,
12,
Comply with the requirements of the City Engineer addressed in the September 12,
1996, letter,
13,
Prior to any final plat approval provide a letter from the Eagle Sewer District
assuring that service will be provided to the proposed lots,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
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14,
Create a common area between the fence located at the center of the berm, on the
west side of new Highway 55, to the proposed Highway 55 right-of-way line
(approximately 20-feet wide), The lot shall be described as Common Area as defined
in the Echo Creek subdivision conditions, covenants and restrictions and shall be
maintained by the homeowners association upon written approval from the
homeowners association,
15,
Provide written certification that the pressurized irrigation system is capable of
delivering 15 g,p,m, at 50 psi during 25% utilization of all homes served by this
system prior to final plat approval of each phase.
16,
Continue to work with those involved to provide a berm and relocate the cedar fence
along the property line between the new Highway 55 and the existing Trail Creek
subdivision,
STANDARD CONDITIONS OF APPROVAL:
2,
3,
1.
Developer and/or owner shall comply with all requirements of Ada County Highway
District including approval of the drainage plan, requirements for installing curb,
gutter, sidewalks and paving throughout the subdivision or as specified by the Ada
County Highway District. Signature by the Ada County Highway District on the plat
is required prior to signing of the final plat by the City Engineer. (I.C, title 50,
Chapter 13,)
Correct street names as approved by the Ada County Street Name Committee shall
be placed on the plat prior to signing of said plat by the City Engineer,
Approval of sewer and water facilities, the Idaho Dept of Health & Welfare and
Central District Health are required, The signature by the Ada County Central
District Health Department is required prior to signing of the final plat by the City
Engineer (I.C, Title 50, Chapter 13 and I.C, 39-118)
A.
The developer shall comply with Eagle City Code 9-4-1 pertaining to
required improvements within subdivisions, Required improvements shall
include, but not be limited to, extending all utilities to the platted property,
Complete construction plans of water and sewer systems shall be submitted
to and approved by the City Engineer prior to signing the final plat by the
City Engineer, The developer may submit a letter in lieu of plans explaining
why plans are not necessary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
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4.
The developer shall place a note on the face of the plat which states: "Minimum
building setback lines shall be in accordance with the City of Eagle Zoning
Ordinance at the time of issuance of the building permit or as specifically approved",
All lot, parcel and tract sizes shall meet dimensional standards established in the City
of Eagle zoning ordinance or as specifically approved, The minimum lot size shall
be 7,000 square feet.
5.
Prior to submitting the final plat for recording, the following endorsements or
certifications must be executed: Signatures of owners or dedicators, Certificate of
the Surveyor, Certificate of the County Engineer, Certificate of Central District
Health Dept., Certificate of the City Engineer and City Clerk and signatures of the
Commissioners of the Ada County Highway District and the Ada County Treasurer,
6,
A letter from the fire department is required stating "the developer and/or owner has
made arrangements to comply with all requirements of the Fire Department", prior
to signing of the final plat by the City Engineer.
Eagle Fire Department shall check off and approve all fire hydrant locations,
Minimum flow per hydrant shall be 1 000 gallons per minute for one and two family
dwelling. Dwellings having a fire area in excess of 3,600 sq ft shall be required to
have 1,500 gallons per minute,
Eagle Fire Department shall check off and approve the fire protection system prior
to issuance of a building permit.
7,
Compliance with Idaho Code, Section 31-3805, concerning irrigation rights, transfer
and disclosure,
A.
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
B.
The subdivider has provided for underground title 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,
1.
Developer may either construct prior to final platting or bond in the
amount of 110% of the estimated construction costs,
Plans must be submitted to the City Engineer showing the delivery
system utilizing at a minimum 3-inch laterals and approved by a
2,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
IOIQ\7\eJ.. C..J. 5,b,&U~
registered professional engineer prior to signing of the final plat by
the City Engineer,
8,
Developer and/or owner 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 signing of the final plat by the Eagle City Engineer. A copy of the
construction drawing(s) shall be submitted with the letter,
A.
For drainage facilities not belonging to ACHD, the developer may either
construct prior to final platting or post bond/agreement in the amount of
110% of the estimated construction costs,
9,
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 all common areas, storage facilities, recreational facilities, street lights
or open spaces shall be reviewed and approved by the Eagle City Attorney prior to
signing ofthe final plat by the Eagle City Engineer,
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 Ciescribing 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 signing of the final plat by the City Engineer,
10,
Street light plans shall be submitted and approved as to the location, height and
wattage to the City Engineer prior to signing of the final plat by the City Engineer,
All construction shall comply with the City's specifications and standards, The
Developer has the option of completing street light installation prior to signing of the
final plat by the City Engineer or bonding for the estimated cost.
NOTE: All bonding shall conform to the Eagle City Code, Title 9, Chapter 4,
Section 9-4-2.2, which specifies that the improvements to be made shall be done in
a time period "not to exceed one year from the date of approval of the final plat."
A.
Developer and/or owner shall pay street light inspection fees on the proposed
subdivision prior to signing of the fmal plat by the Eagle City Engineer, (To
date the City has not established an inspection fee, Therefore, no fee shall
be required from this developer,)
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
10 1 q\1Iu... C.J. 5,.,&UrJJ
16,
17,
18,
11.
Developers and/or owner 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 the dedicated public right-of-way,
prior to signing of the final plat by the City Engineer.
12,
The Developer and/or owner shall provide utility easements as required by the public
utility providing service prior to signing of the final plat by the City Engineer,
13.
The developer and/or owner shall comply with the provisions of the Eagle City Code
which specify limitation on time of filing, A request for time extension, including
the appropriate fee, shall be submitted to the City Clerk for processing.
14,
The developer shall comply with the provisions of the Eagle City Code, pertaining
to flood plain (and river protection) regulations prior to submitting the final plat for
signature by the City Engineer,***
15,
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 signing of the fmal plat by the Eagle City Engineer,
The developer is to place a note on the face of the plat which states: "This
subdivision is subject to the requirements of the Uniform Building Code (UBC) as
regulated the City of Eagle,"
Wet line sewers are required and the developer shall furnish the City Engineer with
a letter from the sewer entity serving the property, accepting the project for service,
prior to signing of the final plat by the City Engineer (B,C,C, 9-20-8.4)
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste
water owned by an organized irrigation district, canal company, ditch association, or
other irrigation entity, shall be obstructed, routed, covered or changed in any way
unless such obstruction, rerouting, covering or changing has first been approved in
writing by the entity, A Registered Engineer should 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
IOIQ\7\U, C..! 5,b,&7JriJ
22,
23,
24.
25,
26,
27,
28.
,
City Engineer prior to signing of the final plat by the City Engineer, (3" irrigation
laterals)
19,
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek
or any other area designated by the Council or Eagle City Pathway/Greenbelt
Committee for a path or walkway shall be approved by the Eagle City
Pathway/Greenbelt Committee prior to approval of the final plat by the Eagle City
Engineer,
20,
The development shall comply with the Boise River Plat in effect at the time of City
Council consideration of the final plat. * * *
21.
Conservation, recreation and river access easements shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat. ***
The developer shall obtain approval of the development relative to the effects of the
Boise River Flood Plain from the Corps, of Engineers prior to approval of the final
plat by the City Engineer, ***
Approval of all well water for domestic use by the Idaho Department of Water
Resources shall be obtained prior to signing of the plat of phase 1 by the Eagle City
Engineer, * * *
The developer shall obtain approval of the development relative to its effects on
wetlands or other natural waterways from the Corps, of Engineers and the Idaho
Department of Water Resources and/or any other agency having jurisdiction prior to
signing of the final plat by the City Engineer, * * *
All homes being constructed with individual septic systems must have the septic
systems placed on the street side of the home,***
Basements in homes in the flood plain will be prohibited, * * *
Developer shall comply with all requirements and restrictions of the Eagle City Code
and Eagle Comprehensive Plan, sections regulating Special Development
Subdivisions including, but not limited to, Hillside Subdivisions, Planned Unit
Developments, Cemetery Subdivisions, Flood plain Development, Areas of Critical
Environmental Concern and Special Designated Areas recognized to be historic,
environmental, scenic or have architectural significance, (if applicable)
The City of Eagle Design ReviewlLandscaping Committee shall review and approve
or reject all landscaping applications required to be submitted for the development
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
IQIgY1\I:oI.C,.J,5,6,&lYW
of parks and landscaped areas and planting of street trees, and shall oversee such
development and planting for the welfare of trees, shrubs and other vegetation to all
entrances to subdivisions,
29,
A developer may either construct improvements before filing of the final plat or to
provide a financial guarantee of performance by a performance bond in the amount
of 110% of the total estimated cost for completing construction, Financial guarantee
can also be a cash deposit, certified check, negotiable bond or bank letter of credit.
30,
Street improvements on State Street and/or Eagle Road will be required as outlined
in Eagle City Code Section 8-3-6 as follows:
A. Street Cuts
B, Curb, Gutter and Sidewalks
C, Plans
D, Street Lights and Poles (poles must include electrical outlets)
E. Guarantee of Improvements
F, Inspections
Sidewalks should be concrete,
FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 21
IOIQ\7\u.. C.J. 5,6,&7JrJJ
31.
Failure to file and obtain certified acceptance of the fmal plat pursuant to Eagle City
Code Section 9-2-3(E) within one year following Council's decision shall cause this
approval to be null and void, unless a time extension is granted by Council.
***Those developments in the flood plain, Greenbelt, or Boise River area,
\
DATED this <In-day of N O\J~ BtR, 1996,
ATTEST:
~vA-- A
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 22
IOIQ\7\u.. C..L 5,b,&l:J!jJ