Findings - PZ - 2004 - PP/FP-5-04 - Loch Lomond Subd No 2/9-Lot/16.02 Acre/1681 N. Park Lane
ORIGlr\JAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR)
A COMBINED PRELIMINARY PLAT AND FINAL)
PLA T FOR LOCH LOMOND SUBDIVISION )
NO.2 FOR MARK AND LINDA BUTLER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FP-5-04
The above-entitled combined preliminary plat and final applications came before the Eagle Planning and
Zoning Commission for their recommendation on December 20, 2004, at which time public testimony was
taken and the public hearing was closed. The 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:
Mark and Linda Butler, represented by Land Consultants, Inc., is requesting combined
preliminary and final plat approval for Loch Lomond Subdivision No.2, a 9-lot (8-
buildable, I-common) residential subdivision. The 16.02-acre development is located
west of Park Lane, approximately 600-feet north of Floating Feather Road at 1681 North
Park Lane.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 4, 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 November 29, 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 November 24, 2004. Requests for agencies' reviews were transmitted on
November 10, 2004, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 24, 2002, the Eagle City Council recommended to Ada County to deny
Loch Lomond Subdivision No.1. The 4-lot (3-buildable, I-open space) subdivision did
not provide for a pathway within the Chevron Pipeline easement (as delineated on the
2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2)
nor a plan for a public road. Further, the lot sizes did not meet the minimum required for a
one-unit per two acre development (which at the time was the corresponding 2000 Eagle
Comprehensive Plan land use designation), and to allow 1.25-acre sized lots to be served
with individual septic systems did not meet the desired objectives for development in the
subject area.
E.
COMPANION APPLICATIONS: A-9-04 & RZ-14-04 [Annexation and Rezone from RUT (Rural
Urban Transition) to R-E (Residential-Estates - up to one dwelling unit per two acres) and
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A (Agricultural)]
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential Two (up to RUT (Residential- Ada County ResidencelPasture
two units per acre Designation)
max.)
Proposed No Change No Change Residential subdivision
North of site Residential Two (up to RUT (Residential- Ada County ResidencelPasture
two units per acre Designation)
max.)
South of site Residential Two (up to RUT (Residential- Ada County ResidencelPasture
two units per acre Designation)
max.)
East of site Residential Two (up to RUT (Residential- Ada County ResidencelPasture
two units per acre Designation)
max.)
West of site Residential Two (up to RUT (Residential - Ada County ResidencelPasture
two units per acre Designation
max.)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H.
SITE DATA:
Total Acreage of Site - 16.02-acres
Total Number of Lots - 9
Residential - 8
Commercial - 0
Industrial - 0
Common - 1
Total Number of Units - 8
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre .5-units per acre (I-unit per two I-unit per two acres
acres) (maximum)
Minimum Lot Size 1.86-acres (80,906 sq. ft.) 1.8-acres (78,408 sq. ft.)
Minimum Lot Width 181-feet (approx.) 1O0-feet
Minimum Street Frontage 70-feet (approx) 35-feet
Total Acreage of Common Area .37-acres (16,051 sq. ft.) O-acres (not required in the R-
(measured as total landscaping of E zoning district)
the entire site)
Percent of Site as Common Area 2.3% 0% (not required in the R-E
(measured as total landscaping of zoning district)
the entire site)
1.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (J) (4) (a) requires a minimum 35-foot wide landscape
buffer area between urban or rural collectors and new residential developments.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of
2 designates a pathway to be constructed within the Chevron Pipeline easement
intersecting this site.
Open Space:
The applicant proposes to provide 2.3% of open space, which is primarily for the
continuation of a pathway. Because this subdivision is located within the R-E zoning
district, a minimum amount of open space is not required.
Storm Drainage and Flood Control:
Specific drainage system plans, submitted to the City Engineer for review and approval
are required to show how swales, or drain piping, will be developed in the drainage
easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the
City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either
over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants have been installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - yes
Preservation of Existing Natural Features:
Existing trees are located primarily around the existing dwelling unit on the site and the
landscape buffer abutting Park Lane, all of which are to be retained.
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Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
J.
STREET DESIGN:
Private or Public Streets: Private
A 24-foot wide private street (Braveheart Lane) has been constructed with the approval of
Loch Lomond Subdivision and is located within a SO-foot wide easement extending
westerly through the site from Park Lane. No new streets or dedication of right-of-way to
the Ada County Highway District is proposed with this application.
Applicant's Justification for Private Streets (if proposed):
No justification has been provided other than plans showing the existing private roadway
with no changes to said roadway having been proposed.
Blocks Less Than SOOt: None
Cul-de-sac Design:
The private roadway serving the subdivision consists of one cul-de-sac constructed at
1,020-foot (approx.) in length and terminates within a SO-foot radius turn-around.
Sidewalks:
A S-foot wide concrete sidewalk has been constructed along Park Lane abutting this site.
Sidewalks are not proposed within the subdivision.
Curbs and Gutters:
Park Lane abutting this parcel is currently not improved with curb or gutter. A borrow
ditch abutting the roadway has been constructed to accommodate storm water runoff.
Braveheart Lane has poorly defined borrow ditches abutting both sides of the roadway that
are to be reconstructed.
Lighting:
Lighting for the proposed subdivision is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City signing the final plat.
Street Names:
The street has been named Braveheart Lane and is signed accordingly.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
The applicant is to construct a 6-foot wide asphalt driveway to be located partially within
the Chevron Pipeline easement extending northwest from Park Lane, then along the
northern side of Braveheart Lane to the end of the cul-de-sac and then through a
pedestrian easement to the western edge of the development.
Bike Paths: None proposed.
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L.
PUBLIC USES PROPOSED: None proposed.
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - Unknown
Unique Plant Life - Unknown
Unstable Soils - Unknown
Wildlife Habitat - Unknown
Historical Sites - Unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Not required.
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
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Idaho Power
Q.
LETTERS FROM THE PUBLIC: None received as of this date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as "Residential Two"; suitable
primarily for single family residential development within areas that are rural in character.
Chapter 6 - Land Use
6.5
Goal
To preserve the rural transitional identity.
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6.7
Implementation Strategies
J.
Farm related uses and activities should be protected from land use conflicts or
interference created by residential, commercial, or industrial development.
The Idaho Right To Farm Act should be promoted.
Chapter 8 - Transportation
8.3.0
City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and Lanes.
The City of Eagle TransportationlPathway Network Maps #1 and #2 illustrates the
various classifications and locations which are included in the pathway system
and described as follows:
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.
8.5
Objective
Encourage alternative transportation forms such as walking and biking.
8.6
Implementation Strategies
e.
Encourage new development to provide for pedestrian, equestrian, and
bicycle circulation in accordance with the City of Eagle
TransportationlPathway Network 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.
1.
Encourage street lighting to increase roadway and neighborhood safety
while preserving a rural environment free of any unnecessary lighting.
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B.
c.
Chapter 9 - Parks, recreation and Open Spaces
9.5.1
Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 9-2-3 (B)(1-5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request
that the subdivision application be processed as both a preliminary and final plat if all the
following exist:
1. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development
in a floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in
an acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
.
ECC Section 9-3-2-1 (G) (2) CUL-DE-SAC STREETS:
In zoning districts which prohibit densities greater than one dwelling unit per two (2)
acres, cul-de-sac streets up to a maximum of one thousand five hundred feet (1,500') in
length may be permitted by the City if approved by the Fire Department and the highway
district having jurisdiction. No more than twenty (20) dwelling units shall be permitted on
said cul-de-sac.
.
ECC Section 9-3-2-5 Private Streets:
From the effective date hereof, private streets shall not be permitted. It is not the intent of
this code to preclude the development of alternate public street designs and right of way
widths as may be approved by the highway district having jurisdiction, and the city of
Eagle.
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E.
.
ECC Section 9-3-5 (C) Sufficient Area for Septic Tank:
Where individual septic tanks have been authorized, sufficient area shall be provided for a
replacement sewage disposal system.
.
ECC Section 9-4-1-6 (D) 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 06') wide pedestrian access easement.
.
ECC Section 9-4-1-6 (A)
Sidewalks 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.
.
ECC Section 9-4-1-8 Underground Utilities:
Underground utilities are required.
DISCUSSION:
.
The Comprehensive Plan Land Use Map designates this site as Residential Two (up to two
units per acre maximum), suitable primarily for single-family residential development within
areas that are rural in character. The applicant is proposing .5-units per acre.
.
Through the jurisdiction of Ada County, Loch Lomond was platted as a 4-lot cluster
development served by a private street located within a 50-foot wide ingress/egress easement.
This development is a re-subdivision of Lot 4, Block 1, of Loch Lomond Subdivision and the
inclusion of a parcel abutting the western edge of said subdivision. While the proposed
development meets the standards for area and density for a subdivision in the R-E zoning
district, the main concern is the division of lots abutting an existing private street since Eagle
City Code does not permit private streets. It may be considered that since private roadways are
prohibited, all private roadways within lands proposed for further division should be dedicated
as a public roadway. Conversely, the dedication of a private street as a public right-of-way
would not be guaranteed and may become a "roadblock" to the further development of the
property as well as a greater burden on the owners of the private street to bring the roadway up
to public construction standards. In addition, since the private road may be located within
private property (through an easement), it would be difficult to require a developer to purchase
private land to then dedicate to the public as right-of-way. Staff will defer to the Planning and
Zoning Commission and the Council to determine whether the roadway should be dedicated to
the public or remain as a private street.
.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2
shows a pathway traveling within the Chevron Pipeline easement that intersects this parcel.
An obstacle may arise with regard to the westerly continuation of the pathway within the
pipeline easement due to the lot configuration of the parcels north of this site. The applicant
has shown on the plat a route for the pathway that does not wholly follow the pipeline
easement, rather it would travel along the internal roadway system, extending from Park Lane
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to the western boundary of the site. A similar configuration was approved in the Cavallo
Estates Subdivision to the southeast of this site since the pipeline easement travels through
three (3) improved lots within Lorenzo Estates Subdivision, which would block the
continuation of the pathway. The alternative pathway configuration within the subject site
would serve the intent of providing a connection to the City-wide pathway system even though
it does not follow the route as delineated on the TransportationlPathway Network Map. After
discussions, staff and the applicant believe the proposed route would be best suited for the
pathway as the property to the west has the greater potential to be developed in a manner that
is larger in scale with the ability to be more flexible in lot configuration and pathway location.
The parcels to the north are smaller in size and are less apt to be developed further in a
manner conducive to the continuation of the pathway. Further, parcels abutting Linder Road
to the northwest of this site have improvements upon them which again would block the
pathway route. Realistically, the larger, undeveloped parcels directly to the west have the
greater flexibility to accommodate the pathway. Staff recommends that the pathway be
constructed as shown on the preliminary plat date stamped by the City on November 4, 2004,
commencing at Park Lane to travel northeasterly through the Chevron Pipeline easement to
Braveheart Lane, then along the northern side of Braveheart Lane westerly to its western
terminus and then within the pedestrian easement to the western boundary of the site.
.
Regarding sidewalks for this site, the City Council has previously determined that for
subdivisions with I-acre or larger lot sizes, 4-foot wide bike/pedestrian pathways striped along
either edge of the roadway provides adequate room for pedestrian access throughout these
types of subdivisions. Since the existing street is only 24-feet wide (typical public streets are a
minimum of 29-feet) and because of the low amount of vehicle trips anticipated for the
development, staff recommends that only one side of the street be striped. The applicant
should be required to submit a striping plan showing a 4-foot wide path striped on one edge of
the roadway within this site. The plan should include pedestrian designation markings such as
diamonds or pedestrianlbicycle symbols to be included within the striped area.
.
Staff has reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria
to combine a preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like.
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of
the Zoning Title of the City.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 20, 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 no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual (other than the applicant/representative) who spoke about giving his consent to annex a
portion of his parcel (to the south of this site) to aid the applicant in the development of the subject
site, and that he did not want his entire parcel to be annexed due to a possible increase in property
taxes.
COMMISSION DECISION:
The Commission voted 2 to 1 (Deckers against, Marks absent) to recommend approval of PPIFP-
5-04 for a combined preliminary plat and final plat application for Loch Lomond Subdivision No.
2 with the following staff recommended site specific conditions of approval and standard
conditions of approval, with underlined text to be added by the Commission and strikethrough text
to be deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer's letters dated December 1, 2004, and December
13, 2004.
2. Central District Health Department approval shall be submitted prior to the City Engineer signing the
final plat.
3. Comply with all requirements of the Chevron Pipe Line Company as noted in the letter dated October
26, 2004.
4. The borrow ditches along both sides of the roadway within this subdivision shall be redefined to have
a maximum slope of 4: 1, prior to the City Clerk signing the final plat. The ditches shall be planted with
grass seed or sod prior to the issuance of a Certificate of Occupancy for the abutting parcel.
5. If the private road is accepted by the Council, provide a note on the plat that states there shall be no
parking allowed within the 24-foot wide private roadways. Provide a statement in the CC&Rs that
prohibits parking on the 24-foot wide private roadways.
6. If the private road is accepted by the Council, provide a copy of the Subdivision's CC&Rs providing a
plan and schedule for the future repair and maintenance of the 24-foot wide private roadways. The
CC&Rs shall be reviewed and approved by the City Engineer prior to the City Clerk signing the final
plat.
7. If the private road is accepted by the Council, provide a note on the plat that states that the restrictive
covenant for maintenance of the 24-foot wide private roadways cannot be modified and the
homeowners' association cannot be dissolved without the express consent of the City.
8. The applicant shall place a note on the final plat that all common areas are to be owned and maintained
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by the Loch Lomond Homeowner's Association. The applicant shall provide a copy of the CC&Rs
(which include a similar statement regarding the common areas) for review and approval, prior to the
City Clerk signing the final plat. The CC&Rs for the Loch Lamond Homeowner's Association shall
provide that the association shall have the duty to maintain and operate 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, in accordance with Eagle City Code.
9. Construct a minimum 6-foot wide asphalt pathway as depicted on the preliminary plat date stamped by
the City on November 4, 2004. The path shall commence at Park Lane traveling northeasterly through
the Chevron Pipeline easement to Braveheart Lane. The path shall then follow the northern side of
Braveheart Lane westerly to its western terminus to travel within the pedestrian easement to the
western boundary of the site. The pathway shall be constructed prior to the City Clerk signing the
final plat.
10. Revise the pathway easement width on the final plat to a minimum of sixteen-feet (16') wide.
11. Sabmit a stripiBg plan shovliBg a 4 f{)ot wide path paiBteà alOBg ORe eàge of the røad':..ay withiR this
site. The plaH shall iBe1aàe pedestriaH desigaation miKkiBgs sach as diaæoBds or pedestriaBf.èieye1e
symbols to be iReladeà \'/Ïth the striped iKea. If the Council accepts the location of the pathway
(abutting the northern side of Braveheart Lane) then the requirement for a four-foot wide painted strip
along one side of Braveheart Lane may be omitted.
12. The af)plieaHt shall sabmit cat shoots sHowing str-eet lightiBg details for reyiew aHà approval by the
ZoBing ,,\dmiBistrator prior to the City Clerk sigBiRg tHe fiRal plat. THe plaBs shall shO'tv HOW the
streetlights will faeilitate the "DiKk Sky" eoneept of lightiRg. If the Council accepts the private street,
the Commission recommends that street lighting not be required at the intersection of Park Lane and
Braveheart Lane and within the cul-de-sac of Braveheart Lane.
13. 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.
14. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this
project, prior to the City Clerk signing this final plat.
15. If the Council accepts the location of the pathway (abutting the northern side of Braveheart Lane) then
the applicant shall install six-foot (6') wide stamped concrete crossings spanning Braveheart Lane and
all driveways through which the pathway travels. DesilJ:n and construction details shall be provided to
the City for review and approval by the Design Review Board 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
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4.
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.
Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (1.c. Title 50, Chapter 13 and 1.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. 9-20-8.4)
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.
7.
8.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
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
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12.
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.
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:
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 (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.
15.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16.
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
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20.
21.
22.
23.
24.
25.
26.
27.
28.
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
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 Council or 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".
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.
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 Corps 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 Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
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.
No public board, agency, commission, official or other authority shall proceed with the
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construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2».
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
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.
29.
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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 4, 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 November 29, 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 November 24,2004. Requests for agencies'
reviews were transmitted on November 10, 2004, in accordance with the requirements of the Eagle
City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed combined
preliminary plat and final plat (PPIFP-5-04) and based upon the information provided concludes that
the proposed combined preliminary plat and final plat application is in accordance with the City of
Eagle Title 9 (Subdivisions) because:
a. The requested combined preliminary plat and final plat complies with the approved
zoning designation of R-E (Residential-Estates); and
b. Will be harmonious with and in accordance with the general objectives of title 9 of the
Eagle City Code and the Comprehensive Plan since the zoning designation of one-
unit per two acres is considered less intensive than the two units per acre designation
shown on Comprehensive Plan and since this site will be constructed with a pathway
in a location as generally shown on the 2000 Eagle City Comprehensive Plan's
TransportationlPathway Network Map #1 of 2, and the development will be provided
with the required improvements for a minor subdivision; and
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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 size of the lots (1.8-acres minimum) is consistent with existing lot sizes in the
vicinity as well as compatible with the rural character of the area; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served with existing central water system from United
Water. Fire protection is available from the Eagle Fire District and fire hydrants have
been installed as 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 has been reviewed
and approved by the Ada County Highway District and the necessary improvements
installed, and since the development is subject to the conditions herein; and
f.
This development is in continuity with the capital improvement program since the
required public improvements are required as conditioned herein, and previously have
been or are expected to be installed with the development of individual lots as
conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle
Fire Department and the Ada County Highway District, 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 combined preliminary plat and final plat approval as set forth within the
conditions of approval above.
4. The Commission reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat and, in terms of Eagle City Code Section 9-2-3(B) "I thru 5" (minimum criteria to
combine a preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as
development in a floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in
an acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or
any provision of the Zoning Title of the City.
5. The dissenting opinion of the Commission felt that the private street should be dedicated as a public
road to allow for the potential to provide vehicle interconnectivity among the surrounding parcels as
said parcels develop. It was also recommended that the pathway location be reviewed by the Parks and
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Pathway Development Committee prior to this item being heard by the Council.
DATED this 18th day of January 2005.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
,Idaho
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Page 17 of 16
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