Findings - PZ - 2004 - PP-6-04 - Westover Lakes Subd/32-Lot/26.18 Acre Site/2267 S. Eagle Road
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A
PRELIMINARY PLAT FOR WESTOVER LAKES
SUBDIVISION FOR NAGY SPRINGCREEK LLC
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)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-6-04
The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission
for their recommendation on October 4, 2004. 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:
Nagy Springcreek LLC, represented by Land Consultants Inc., is requesting preliminary
plat approval for Westover Lakes Subdivision, a 32-lot (26-buildable, 6-common)
residential subdivision. The 26. 18-acre site is located west of Eagle Road, at 2267 South
Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 25, 2004.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on September 18, 2004. 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 September 15, 2004. Requests for agencies' reviews were transmitted on August
26, 2004, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS:
RZ-9-04 (Rezone from A-R (Agricultural-Residential) to R-2 (Residential - up to two
dwelling units per acre»
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F.
COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up to A-R (Agricultural-Residential) Residence/ Pasture
two dwelling units per
acre) & Floodway
Proposed No Change R-2 (Residential) Residential Subdivision
North of site Floodway & Residential A-R (Agricultural-Residential) & South Channel of the
Two (up to two dwelling R-2-P (Residential PUD) Boise River & Two
units per acre) Rivers Subdivision PUD
South of site Mixed Use LO-DA-P (Limited Office with Cottonwood Creek PUD
Development Agreement & PUD)
East of site Residential Two (up to Eagle Road & A-R (Agricultural- Eagle Road & Proposed
two dwelling units per Residential) Laguna Point
acre) Subdivision PUD
West ofsite Floodway & Residential R-2-P (Residential PUD) Streamside Subdivision
Two (up to two dwelling PUD
units per acre)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not located within the CEDA, DDA, DSDA or
TDA.
H.
SITE DATA:
Total Acreage of Site - 26. 18-acres
Total Number of Lots - 32
Residential - 26
Commercial - 0
Industrial- 0
Common - 6
Total Number of Units - 26
Single-family - 26
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.25-units per acre* 2-units per acre maximum
(.99-units per acre)
Minimum Lot Size 17,002-square feet 17,000-square feet
Minimum Lot Width 100-feet 75-feet
Minimum Street Frontage 50-feet 35-feet
Total Acreage of Common Area 9.74-acres 2.61-acres (minimum)
Percent of Site as Common Area 37% 10% (minimum)
*Designates data based on the exclusion of the floodway (5 A-acres). Data in parentheses denotes
inclusion of the floodway for comparison only.
I.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 37% of common open space area which consists mainly of
waterways, a pool/clubhouse area, a pathway, and a parking area for sportsman access.
The waterways are multifunctional and intended to serve as open space amenities,
measures for floodplain storage, and irrigation purposes.
The applicant is to construct a pathway in approximate location to that shown on the
City's Transportation/Pathway Network Maps # 1 and #2 along the south side of the South
Channel of the Boise River. A twenty-five (25) foot wide pathway easement for a public
pathway along the Boise River will travel from the eastern edge of the site (adjacent to
Eagle Road) and extend approximately 1,100-feet along the river before curving into the
area proposed for development. The pathway will then connect to the sidewalk abutting
the public street and will eventually connect with a pathway extending from Streamside
Subdivision to the west and a pathway from Cottonwood Creek Subdivision to the south.
Further details are provided below under the "Discussion" portion of the Staff Analysis.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements (when deemed necessary) to be
not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - not allowed
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Preservation of Existing Natural Features:
The parcel is situated along the south side of the South Channel of the Boise River, with
numerous existing trees located on the site which are required to be evaluated by the City
Forester. Eagle City Code Section 9-3-8 (B) states that existing natural features which add
value to residential development and enhance the attractiveness of the community (such as
trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
J.
STREET DESIGN:
Private or Public Streets: Public
The applicant is to construct a "looped" roadway within the development with a thirty-six
foot (36') wide roadway section (as measured from back of curb to back of curb). Ribbon
curb and eight foot (8') wide grass swales/landscape strips are to be constructed on both
sides of the roadway.
Applicant's Justification for Private Streets: not allowed
Blocks Less Than 500': None
Cul-de-sac Design: None proposed
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is to be constructed abutting both sides
of the roadway except along one section located adjacent to an open space area.
Curbs and Gutters:
Ribbon curb and grass swales are to be constructed on the edges of the street to
accommodate storm water runoff.
Lighting:
Lighting for the subdivision is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City approving the final plat.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
A six-foot (6') wide pathway is to connect with a pathway extending from Streamside
Subdivision to the west, and a pathway from Cottonwood Creek Subdivision to the south
to provide inter-neighborhood pedestrian circulation.
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Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L.
PUBLIC USES PROPOSED:
See "Open Space, Greenbelt Areas and Landscape Screening" noted above.
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - The Boise River Floodplain is designated a Hazard Area
and Special Area in the Comprehensive Plan. The Plan
specifies additional development criteria and calls for
special consideration relating to any proposed
development within the Boise River Floodplain.
Evidence of Erosion - none specifically noted in the EAP
Fish - yes
Floodplain - yes - Boise River Floodplain
Floodway - yes (5 A-acres)
Mature Trees - yes
Riparian Vegetation - yes
Steep Slopes - none shown to exist
Stream/Creek - yes - South Channel of the Boise River
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - none shown to exist as noted in the EAP
Wildlife - yes
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
An EAP report has been submitted and is incorporated herein by reference.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Eagle Sewer District
Q.
LETTERS FROM THE PUBLIC:
Letter from Trout, Weeks & Nemec, PLLC, 12400 West Overland Road, Boise, ill 83707
dated September 30, 2004
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STAFF ANALYSIS PROVIDED WITIllN THE STAFF REPORT:
A.
COMPREHENSNE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter I - Overview
1.1
City of Eagle Statement of Purpose
d. To ensure that the important environmental features of the City and its Impact Area
are protected and enhanced.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
h. To protect life and property in areas subject to natural hazards and disasters.
1.
To protect fish, wildlife, and recreation resources.
1.3
The City of Eagle Vision Statement
b. interconnected with user-friendly pathways and roadways;
e. an environmentally aware community with distinctive open space, parks and outdoor
recreation;
Chapter 6 - Land Use
6.3
Land Use Designations
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal
Emergency Management Administration maps along the Boise River and Dry Creek
(Generally shown on the Land Use Map which is a part of this Plan). These areas are to
remain open space because of the nature of the floodway which can pose significant
hazards during a flood event. Also, the floodway areas shall not be considered as a part of
the minimum area of open space required with the zoning ordinance unless developed as
noted within this paragraph, and shall be excluded from the gross land area for calculating
residential densities permitted. Any portion of the floodway developed as a substantially
improved wildlife habitat area open to the public, or useable public open space, such as a
pathways, ball fields, parks, or similar amenities as may be approved by the City Council,
may be credited toward the minimum open space required for a development.
6.7
Implementation Strategies
a. Preserve the natural features and resources of Eagle.
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n. Support City of Eagle flood and storm drainage regulations to achieve protection of
property rights, environmental protection and flood damage reduction for community
residents.
Chapter 7 - Natural Resources and Hazard Areas
7.8
Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas within
the Eagle Impact Area. Future areas may be added to the Comprehensive Plan when
deemed necessary.
Areas of flooding consists of two parts: (1) the floodway which is the most severe area of
flooding characterized by deep and fast moving water; and (2) the floodplain which is less
severe than the floodway and is characterized by shallower and slower moving waters at
the time of flooding.
The Dry Creek floodplain has a potential for flash flooding while the Boise River would
probably flood due to seasonal weather conditions.
A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open space
area, a recreational area and/or a nature area may be encouraged in the 1O0-year floodplain
of the Boise River and Dry Creek.
7.9
Goal
Special concern and attention should be given to the preservation of fish, wildlife, water
resources, air quality, agriculture, open space and recreation-nature areas when
implementing planning and zoning decisions.
Chapter 8 - Transportation
8.3.1
Paths
Function: To provide for recreation and alternative transportation; important to provide
safe continuous thoroughfares with minimal cross flow of vehicular traffic.
Location: Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be located
along roadway right-of-ways and would usually be separated from vehicle travel lanes and
the paved section of the roadway by a median or sidewalk.
8.6 - Implementation Strategies
c. Encourage roadway design standards that are consistent with the Idaho Transportation
Department (lID), Ada County Highway District (ACHD), Ada Planning Association
(APA), and other agencies that may be responsible for roadway planning and design.
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway Network
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Maps #1 and #2, adopted local and regional pathway plans, as may be needed for
intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not
unnecessarily pushed out onto arterials and collectors.
m. Establish and require minimum setbacks between developments and roadways and to
encourage installation of berms and landscaping for all developments to enhance
safety and to enrich the roadway and community appearance.
p. Encourage sidewalks that are separated from the curb on all streets, except for areas
where Eagle City Code requires sidewalks to abut the curb and where existing
buildings, inordinate environmental impacts, or other impacts make setting the
sidewalk back infeasible. Meandering sidewalks should be required where space
permits. A planter strip of sufficient width for street trees between the sidewalk and
roadway should be required to provide a canopy effect over the roadways. The type of
street trees used should be those which have root systems that have proven to not
cause sidewalk or curb damage when in close proximity to such improvements.
Chapter 9 - Parks, Recreation and Open Spaces
9.5
9.5.2
9.6
9.6.1
Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the
Boise River and Dry Creek) and are designed to prevent undesirable encroachment.
Greenbelts may include pathways and/or bike lanes.
Objectives
e. All development should provide developed pathways for connection to Eagle's public
pathway system and/or adjoining development's public pathway system.
g. Improve/provide access to greenbelt/pathway east of Eagle Road on the
south side of the North Channel of the Boise River.
Open Space
Open space is land which is not used for buildings or structures and offers opportunities
for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism,
leisure activities, viewpoints, and wildlife habitat.
Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways,
drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and
viewpoints for public use and enjoyment.
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9.6.2
Objectives
a. To establish open space to protect the finite resource base of Eagle' s natural
environment - air, ground water, surface water, soil, forested areas, plant and wildlife
habitats, agricultural lands, and aquifer recharge, watersheds, and wetlands.
b. To provide an open space setting for active and passive recreation for all age groups
throughout the community.
c. To protect against hazards that are inherent to flood plains, flood ways, steep slopes,
and areas of geological instability.
d. To protect the natural lay of the land (e.g., minimize land disturbance).
e. To protect such unique environmental areas as historical, geological, and
archaeological sites and monuments, natural areas, and wildlife habitat.
Chapter 11 - Special Areas and Sites
11.1
Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or sites
should be analyzed according to their defined function. Whenever possible, these sites
should be preserved and conserved as open spaces or for educational and cultural centers.
Development of Special Areas or Sites should take place in a manner that reflects
harmony with their natural environment and recognized qualities which render them
distinctly unique.
The Boise River Floodplain, the Dry Creek Floodplain and the North Foothills possess a
recognized function as a wildlife habitat, floodway and scenic natural resource reflective
of Eagle' s rural character.
llA
Implementation Strategies
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
h. Encourage the preservation of habitat areas which provide for fish and wildlife.
Chapter 12 - Community Design
l2A
Implementation Strategies
c. The floodway shall be reserved as a natural state such as a greenbelt, wildlife habitat,
and open space recreational area and for agricultural uses.
k. Encourage the preservation of natural resources such as creeks, drainages, steep
slopes, and ridgelines as visual amenities.
1. Encourage the development of pathways and open-space corridors throughout the City.
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B.
C.
q. Maintain the rural residential character and open space environment in and
around the City.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-1-2 OPEN SPACE:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
SUBDNISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 9-3-8 (B) Natural Features:
Existing natural features which add value to residential development and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall be preserved in the design of the subdivision.
.
ECC Section 9-4-1-6 CD) Pathway Design:
While the city may exercise considerable discretion in determining the design of
pathways, the following minimum standards should be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum six feet (6') wide and shall be located
within a sixteen foot (16') wide pedestrian access easement. Regional pathways such as
the Boise River greenbelt and pathways located adjacent to major roadways shall be a
minimum ten feet (10') wide and shall be located within a twenty foot (20') wide
pedestrian access easement.
.
ECC Section 9-4-1-6 (F) Sidewalk Design:
1. Sidewalks, a minimum five (5') feet wide, shall be required on both sides of the
street; except, that where the average width of lots, as measured at the street
frontage line or at the building setback line, is over one hundred feet (100'),
sidewalks on only one side of the street may be allowed.
2.
Sidewalks and crosswalks shall be constructed and maintained in accordance with
the standards and specifications of the Ada County Highway District.
3.
Sidewalks shall be separated from the edge of the abutting roadway and / or back of
curb by a minimum five-foot (5') wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with 3-inch minimum caliper
shade-class trees along all streets within the subdivision. Installation of landscaping
shall be in accordance with Section 8-2A-7 of this Code.
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D.
E.
TITLE 10 FLOOD CONTROL PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 10-1-8-5 (A) (2)
New construction and substantial improvement of any residential structure shall have the
finish floor elevation of the lowest floor, including basement, elevated to a minimum of
two feet (2') above the base flood elevation.
.
ECC Section 10-1-8-5 (D) (4) states in part that all buildings shall be set back a minimum of
fifty-feet (50') from the floodway line.
.
ECC Section 10-1-8-5 (D) Open Areas:
Except for required berms, open areas such as parks, golf courses, greenbelt areas, parking
lots, etc., within the area of special flood hazard shall be designed and operated so that
they may flood and maintain existing natural storage capacity for waters during the base
flood event. Levees or berms shall not be used for flood control.
DISCUSSION:
.
The Comprehensive Plan's Land Use Map designates this site as Residential Two (up to two
dwelling units per acre. The applicant is proposing 1.25-units per acre (exclusive of the
floodway).
.
The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map #1 of 2
shows a pathway traveling along the south side of the South Channel of the Boise River. A
25-foot wide easement has been indicated on the preliminary plat date stamped by the City of
Eagle on August 25, 2004, to accommodate any requirements of the Idaho Department of
Lands.
On September 15, 2004, the City's Park and Pathway Development Committee made the
following recommendations regarding the construction of the pathway within the Westover
Lakes Subdivision:
The applicant shall construct a ten-foot (10') wide compacted gravel or cinder (material no
larger than lh-inch) surfaced pathway generally in the location shown on the preliminary
plat date stamped by the city on August 25, 2004. Extending westerly from the point
where the pathway turns south (into the development) a ten-foot (10') wide meandering
"nature trail" shall be cleared of vegetation and constructed with a natural soil surface in
lieu of the gravel/cinder surface. (Note: Staff has added the plat reference and additional
language to clarify the location of the pathway and the Committee's intent). Staff
recommends adding the following language to the Park and Pathway Development
Committee: The applicant shall provide a twenty-five (25) foot wide greenbelt easement
for a public pathway along the southern side of the South Channel ofthe Boise River
extending along the entire northern portion of the property. The applicant shall work with
the appropriate flood control district and emergency response agencies to ensure that
emergency access is provided and appropriately surfaced for heavy equipment use.
.
Eagle City Code requires that sidewalks are to be separated from the edge of the abutting
roadway and / or back of curb by a minimum five-foot (5') wide landscape strip. The applicant
has not proposed the construction of a sidewalk abutting portions of Lots 12 and 15, Block I,
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(open space common lots) and will provide stamped concrete crosswalks at certain points on
the roadways to provide continuous pedestrian circulation. The applicant has requested
consideration of this configuration since there is a sidewalk provided for on the side of the
street with abutting dwellings and thus where the majority of pedestrian activity will occur.
Staff will defer to the Planning and Zoning Commission and the City Council regarding the
construction of a sidewalk abutting the entire frontage of Lots 12 and 15, Block 1.
STAFF RECOMMENDATION PROVIDED WITIllN THE STAFF REPORT:
Staff recommends approval 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 application was held before the Planning and Zoning Commission on October
4, 2004, 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 this proposal was presented to the Planning and Zoning Commission
by one (I) individual representing the property owner to the south of this site who felt that the property
owner was not properly notified of the public hearing of the subject application, the construction of the
roadway into the site would not be able to meet the design requirements of the Ada Country Highway
District nor Idaho Transportation Department, and that there is pending litigation regarding the
ownership of certain property.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the Planning and
Zoning Commission by one (1) individual with concerns regarding the need to remove a pile of old
tires from the site and, the potential effects of the development of the subject on the water flow of a
waterway within the Streamside Subdivision to the west.
E. Written testimony in opposition to the proposal was presented to the Planning and Zoning Commission
in the form of a letter signed by one (I) individual representing the property owner to the south ofthis
site who felt that the property owner was not properly notified of the public hearing of the subject
application, the construction of the roadway into the site would not be able to meet the design
requirements of the Ada Country Highway District nor Idaho Transportation Department, and that
there is pending litigation regarding the ownership of certain property.
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval ofPP-6-04 for a preliminary
plat for Westover Lakes Subdivision with the following staff recommended site specific conditions
of approval and standard conditions of approval with underline text to be added by the
Commission and strike through text to be deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with all requirements of the City's Engineering firm (Holladay Engineering).
2.
Comply with all requirements of the Eagle Fire Department as stated in the letter dated September 21,
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2004.
3.
Comply with all requirements ofFPDP-2-04.
4.
All existing buildings that will interfere with the proposed roadways or lot lines shall be removed from
the site prior to the City Clerk signing the fmal plat. A demolition permit shall be obtained from the
City prior to the removal of said buildings.
5.
The applicant shall provide documentation stating that all requirements of the Army Corp of
Engineers (including items such as a 404 permit) and the Idaho Department of Lands have been
complied with, or are conditions of compliance, regarding any pond or wetland alteration and/or
related items, prior to the City approving the final plat.
6.
The applicant's property shall become annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District regulations and conditions prior to the approval
of a final plat for this site.
7.
The applicant shall provide a twenty-five (25) foot wide greenbelt easement for a public pathway
along the southern side of the South Channel of the Boise River extending along the entire northern
portion of the property. Within the easement, the applicant shall construct a ten-foot (10') wide
compacted gravel or cinder (material no larger than ~-inch) surfaced pathway generally in the location
shown on the preliminary plat date stamped by the city on August 25, 2004. Extending westerly from
the point where the pathway turns south (into the development) a ten-foot (10') wide meandering
"nature trail" shall be cleared of vegetation and e0flstrueted vfi..th to be a natural soil surface in lieu of
the gravel/cinder surface. The applicant shall work with the appropriate flood control district and
emergency response agencies to ensure that emergency access is provided and appropriately surfaced
for heavy equipment use. The pathway shall be constructed and markers/signs (describing the
pathway as intended for pedestrian ingress and egress and is a multi-purpose, non-motorized
pathway/conservation easement in favor of the City of Eagle) installed to delineate the pathway prior
to the issuance of any building permits for those lots adjacent to the pathway easement. Plans
showing the location of the markers/signs, language to be placed on the markers/signs, and other
methods to be used to delineate the pathway shall be submitted to the City for review prior to the
approval of a final plat. During all types of construction, fencing shall be installed to protect the
easement area and prohibit activity (other than pathway construction) from occurring within the
easement area. A note shall be added to the CC&Rs stating provisions for the proper maintenance of
the pathway surface and for the clearing and removal of any vegetation which may interfere with the
pathway. A copy of the CC&Rs shall be submitted to the City prior to the City Clerk signing the final
plat.
8.
Place a note on the final plat referencing an instrument number for the required greenbelt easement
bordering the northern portion of this development (South Channel of the Boise River). The note
shall further state that the 25-foot wide easement is for the use by the general public for pedestrian,
equestrian and other non-motorized access in favor of the City of Eagle.
9.
Construct a minimum five foot (5') wide meandering concrete sidewalk along Eagle Road abutting
this site, subject to the approval of the Idaho Transportation Department and/or Ada County Highway
District in a location in accordance with said approval. The applicant and/or Westover Lakes
Homeowners Association shall establish and maintain a surety (or funding mechanism) for the future
construction of the sidewalk should the sidewalk construction be deemed unfeasible by ITD to be
installed at this time. Language addressing the collection of the funds and the puq>ose of said funds
shall be stated within the Westover Lakes CC&Rs. A copy of the CC&Rs shall be submitted to the
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City prior to the City Clerk signing the final plat.
10. The applicant shall construct a five foot (5') wide sidewalk abutting both sides of the internal
roadways UNLESS the City Ümneil exeludes those except the portions fronting Lots 12 and 15,
Block I, from Eagle Road to the eastern side of the clubhouse/pool, as shown on the preliminary plat
date stamped by the City on August 25, 2004.
11. In instances where the floodway line intersects the building lots, that portion of those lots lying within
the floodway (as determined by FEMA) shall be "non-build" portions of the lots and no
encroachments, buildings, or other structures shall be built thereon, pursuant to Eagle City Code
Section 10-1-8-5 (0). No equipment or vehicles shall be stored, or any solid-face fences constructed,
on any portion of these lots lying in the floodway and such shall be a condition to be within the
CC&Rs. A note shall be placed on the fmal plat generally stating this requirement.
12. Building envelopes shall be depicted on the final plat for all lots located within 50-feet of the
floodway line as shown on the accepted FEMA maps current at the time of submittal for final plat.
The building envelopes shall be shown on the final plat to reflect the minimum 50-foot setback from
the floodway line. No construction shall be permitted within the 50-foot floodway setback.
13. All new construction and substantial improvement of any residential structure shall have the fmish floor
elevation of the lowest floor elevated to a minimum of two feet (2') above the base flood elevation.
14. Comply with all conditions of the Chevron Pipe Line Company regarding the 16.5 foot wide pipeline
easement located on the property.
IS. Any overhead utilities serving the site shall be located underground.
16. Add a note to the fmal plat which states that, "Minimum building setback lines shall be in accordance
with the applicable zoning and subdivision regulations at the time of issuance of a building permit or
as specifically approved and/or required." The required note does not supercede the required 50-foot
building setback from the floodway line as stipulated in no. 12 above.
17. Delineate an easement on the final plat permitting public access to the sportsman's access parking lot.
Signs stating "Parking for Public River Access" for the parking spaces shall be posted within said
parking lot. Locations of the signs shall be reviewed by staff prior to the installation of the signs.
18. The applicant shall submit a design review application and landscape plan showing fencing (if
proposed), trees, landscaping, and berming, and planting details within the required buffer area along
Eagle Road abutting this site for review and approval by the Design Review Board prior to the
submittal of a final development plan and final plat.
19. The applicant shall submit a design review application showing proposed subdivision signage and a
landscape plan showing perimeter fencing (if proposed), street trees, and common area landscaping
within this site for review and approval by the Design Review Board prior to City approval of a final
plat.
20. Provide construction plans to the City Engineer for review and approval which detail how the
proposed waterways are to be maintained, methods (such as aeration) that will prevent stagnation and
breeding of pests, and how storm water is to be accommodated, prior to the City Engineer signing the
final plat.
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21. All pond and waterway banks shall be planted with natural grasses and plants. Planting details shall
be submitted for review and approval by the Design Review Board prior to the submittal of a final
development plan and final plat.
22. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot generally at each side property line, or as approved by the
Design Review Board. The trees shall be located in the 8-foot wide landscape strip between the 5-foot
wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat for each phase, the
applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of
credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees
shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy
may be issued if weather does not permit landscaping.
23. Provide detailed building elevations of any structures proposed to house the pressurized irrigation
pump. The detailed elevations, colors and materials shall be reviewed and approved by the Design
Review Board prior to the City Clerk signing the final plat.
24. All healthy trees (as determined by the City Forester) that are to be preserved and integrated into the
open space design for the development shall be shown on a landscape plan and submitted for Design
Review Board approval prior to the submittal of a final plat.
25. All living trees that do not encroach upon the buildable area on any lot shall be preserved, or as
otherwise determined by the City Forester. All fallen trees along the South Channel of the Boise
River shall be left in their natural state to provide habitat for the existing birds and animals. A
detailed landscape plan showing how the trees will be integrated into the open space areas or private
lots (unless approved for removal by the City Forester and the Design Review Board) shall be
provided for Design Review Board approval prior to the submittal of a final development plan and
final plat.
26. The applicant shall have an on-site meeting with the City Forester to survey all trees that are planned
to be saved. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the
City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of
any construction on the site. No activity whatsoever shall take place within the drip line of the trees.
27. Useable amenities such as the pool/clubhouse, picnic tables, covered shelters, benches, playground
equipment, gazebos, and/or similar amenities as determined by the City Council shall be provided
within the open space areas. Landscape plans showing open space amenities shall be reviewed and
approved by the Design Review Board, prior to the City approving a final plat.
28. The Westover Lakes Subdivision shall remain under the control of one Homeowners Association.
29. The applicant shall place a note on the final plat that all common lots are to be owned and maintained
by the Westover Lakes Homeowner's Association. The applicant shall provide a copy of the CC&Rs
which include a similar statement regarding the common lots for review and approval, prior to the City
Clerk signing the final plat.
30. The CC&Rs for the Westover Lakes Homeowner's Association shall provide that the association shall
have the duty to maintain all of the common landscape areas in the subdivision in a competent and
attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees.
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3 I. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of a final development plan and final plat. The plans shall
show how the streetlights will facilitate the "Dark Sky" concept of lighting.
32. 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.
33. 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.
34. 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.
35. All tires and other junk material/waste shall be removed from the site prior to the City Clerk signing
the final plat.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the fmal 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 (B.C.C. 9-20-8A)
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.
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9.
10.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
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.
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, 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 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.
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.
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.
13.
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.
14.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
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IS.
16.
20.
a.
The applicant has made arrangements to comply with all requirements of the Fire
Department.
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.
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 for non-residential uses (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.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
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 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.
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 by the Eagle City
Attorney prior to the City Engineer signing the final plat.
17.
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.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
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".
21.
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.
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22.
23.
24.
25.
26.
27.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corp of Engineers prior to approval of the final plat by
the City Engineer.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corp 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.
Basements in homes in the flood plain are prohibited.
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.
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.
28.
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.
29.
In accordance with Eagle City Code, failure to obtain a recorded fmal 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.
30.
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.
31.
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.
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CONCLUSIONS OF LAW:
I. The application for this item was received by the City of Eagle on August 25,2004.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on September 18, 2004. 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 September 15,2004. Requests for agencies'
reviews were transmitted on August 26, 2004, in accordance with the requirements of the Eagle City
Code.
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-6-04) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zoning designation of R-2
(Residential - up to two dwelling units per acre).
b. Will be harmonious with and in accordance with the general objectives of title 9 of the Eagle
City Code since the development is consistent with the Comprehensive Plan Land Use Map
designation of Residential Two and provides the required improvements for a subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use
will not change the essential character of the same area since the this site will be developed
with single-family dwellings of similar character, value and lot sizes comparable to those
being built to the north, south and west of this site; and
d. Will not create excessive additional requirements at public cost for facilities and services as
the site will be served with central sewer from the Eagle Sewer District and will use a public
water system. Fire protection will be available from the Eagle Fire District and fire hydrants
will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is required to be reviewed and
approved the Ada County Highway District and is subject to the conditions herein and since
the Idaho Transportation Department has provided written approval for the location of the
access into the site from Eagle Road;
f.
This development is in continuity with the capital improvement program since the required
public improvements are required as conditioned herein, or are expected to be installed with
the development of individual lots as conditions of approval; and
g. That based upon agency verification, or as conditioned herein, there is adequate public
financial capability to support the proposed development; and
h. 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 the
preliminary plat and subsequent final plat approval as set forth within the conditions of
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approval above.
DATED this 18th day of October 2004.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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ATTEST:
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Sharon K. Bergmann, Eagle City Cler
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Page 21 of21
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