Findings - CC - 2005 - PP/FP-4-04 - Combined Pp/Fp For Venice Subd/2 Lot/5.03 Acre/885 W Beacon Light Rd
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION FOR
A COMBINED PRELIMINARY PLAT AND
FINAL PLAT FOR VENICE SUBDIVISION
FOR BILL GUHRKE
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FP-4-04
The above-entitled combined preliminary plat and final plat application came before the Eagle City
Council for their action on March 8, 2005. The Eagle City Council 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:
Bill Guhrke, represented by Land Consultants Inc., is requesting combined preliminary
plat and final plat approval for Venice Subdivision, a 2-10t (2-buildable) residential
subdivision. The S.03-acre development is located south of Beacon Light Road,
approximately one-half mile west of Eagle Road at 885 West Beacon Light Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 3, 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 5, 2004, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on February 21, 2005. 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 February 16,
2005.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 24, 1999, the Eagle City Council recommended approval of Anacortes
Subdivision (Ada County transmittal).
On April 25, 2000, the Eagle City Council recommended approval of Ptarmigan
Subdivision (Ada County transmittal).
E.
COMPANION APPLICATIONS: A-8-04 & RZ-13-04 [Annexation and Rezone from RUT (Rural
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Urban Transition) to R-E (Residential-Estates - up to one dwelling unit per two acres)]
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Estates (up to RUT (Residential -Ada Single-family dwelling
one unit per two acres County designation)
maximum)
Proposed No Change R-E (Residential) Two lot residential subdivision
North of site Residential Rural (up to RUT (Residential -Ada Beacon Light Road & Single-family
one unit per five acres County designation) dwellings
maximum)
South of site Residential Estates (up to Rl (Residential -Ada Single-family dwelling
one unit per two acres County designation)
maximum)
East of site Residential Estates (up to R-E (Residential) Proposed Tanglerose Subdivision
one unit per two acres
maximum)
West of site Residential Estates (up to RUT (Residential -Ada Single-family dwelling
one unit per two acres County designation)
maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H.
SITE DATA:
Total Acreage of Site - 5.03
Total Number of Lots - 2
Residential - 2
Commercial - 0
Industrial - 0
Common - 0
Total Number of Units - 2
Single-family - 2
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQ UIRED
Dwelling Units Per Gross Acre .80-units per two-acres I-unit per two-acres maximum
Minimum Lot Size 2.00-acres (87,120 s. f.) 1.8-acres (78,408 s. f.)
Minimum Lot Width 266-feet (approx.) 1O0-feet
Minimum Street Frontage 266-feet 3S-feet
Total Acreage of Common Area O-acres Not required in R-E zone
Percent of Site as Common Area 0% Not required in R-E zone
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
As required by Eagle City Code Section 8-2A-7 (1) (4) (b), the applicant is to construct a
fifty-foot (50') wide buffer along Beacon Light Road abutting the northern boundary of
the development. Berming, fencing and landscaping details are required for Design
Review Board review and approval prior to City approval of a final plat.
Open Space:
A buffer area along Beacon Light Road (upon delineation of the area on the final plat)
would provide a total common area of approximately .37-acres or 7% of the site. 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 are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than l2-feet wide.
Fire Hydrants and Water Mains:
Due to the lack of central water service in the area, the Eagle Fire Department requires the
installation of sprinkler systems in any new dwelling to provide fire protection.
On-site Septic System (yes or no) - yes
Preservation of Existing Natural Features:
The parcel has existing trees located mainly around the existing single-family dwelling
and accessory structures. 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
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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: private
A 24-foot (approximate) wide private street (Anacortes Lane) has been constructed with
the approval of Anacortes Subdivision (and is a part of the subsequent division of Lot 2,
Block 1, known as Ptarmigan Subdivision) and is located within a 30-foot wide easement
extending south from Beacon Light Road along the western boundary of the subject site.
No new streets or dedication of right-of-way (for a new roadway) 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 500': None
Cul-de-sac Design:
The private roadway abutting the western boundary of the site and serving Ptarmigan
Subdivision consists of a cul-de-sac approximately 1,OSO-foot in length and terminates
within a 50-foot radius turn-around.
Sidewalks:
No sidewalks are proposed for the development.
Curbs and Gutters:
Beacon Light Road abutting this parcel is currently not improved with either curb or
gutter. Anacortes Lane has borrow ditches abutting both sides of the roadway to
accommodate storm water runoff.
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: No new streets are proposed with this application.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways: None proposed
Bike Paths: None proposed.
L.
PUBLIC USES PROPOSED: None proposed.
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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 - Yes
Mature Trees - Yes
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
Historical Sites - No
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
Q.
LETTERS FROM THE PUBLIC: None received as of this date.
ST AFF 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 Estates"; suitable
primarily for single family residential development on acreages that may be in transition from
agricultural to residential use or may combine small-scale agricultural uses with residential
uses. Residential density of up to one dwelling unit per two gross acres may be considered by
the City for this area.
Chapter 6 - Land Use
6.5
Goal
To preserve the rural transitional identity.
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B.
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
8.6
Implementation Strategies
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.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2A-7 (J)(4)(b)
Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high-speed roads. The buffer area shall be defined as the
distance from the outside wall of the lowest story of any single-family attached or
detached dwelling and the right-of-way line of the roadway. The lowest story must be
screened from the view of any street classified as a collector, arterial, freeway, or
expressway. This buffer is required either on individual lots or as an easement, or as part
of the common open space owned and maintained by a homeowners' association. Any
landscaping proposed to be within the public right of way shall not be included as a part of
the buffer area required below. The height for berming/fencing, as noted below, shall be
measured from the elevation of the final grade of the adjacent roadway (measured at the
center line) to the top of the proposed berming/fencing. The required buffer area width,
plantings, and fencing are as follows:
Any road designated as a minor arterial on the APA Functional Street Classification Map:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: five
(5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, panelized vinyl fence,
decorative block wall or cultured stone, decorative rock, or similarly designed concrete
wall, or combination thereof shall be provided within the buffer area. The maximum
slope for any berm shall be three feet (3') horizontal distance to one-foot (1 ') vertical
distance. If a panelized vinyl fence, decorative block wall, or cultured stone, decorative
rock, or similarly designed concrete wall is to be provided, in combination with the berm,
a four foot (4') wide flat area at the top of the berm shall be provided for the placement of
the fence or decorative block wall. Panelized vinyl fencing shall be no higher than four
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c.
E.
feet (4'). Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted.
The five foot (5') minimum height requirement for the berminglfencing shall be permitted
to be decreased one foot (1') for every thirteen feet (13') of additional buffer area added to
the fifty foot (SO') wide buffer noted above.
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
S. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
.
ECC Section 9-3-2-5 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.
.
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.
DISCUSSION:
.
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.
.
Through the jurisdiction of Ada County, Anacortes Subdivision was platted as a two (2) lot
development bordering the western and southern boundaries of the subject site and is served
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by a private street located within a 30-foot wide ingress/egress easement (2S-feet of which is
located on the subject site). Subsequent to the platting of Anacortes, Lot 2, Block 1, the
subdivision was further divided into three (3) lots (Ptarmigan Subdivision) and the private
street and easement was further extended to serve the newly created lots. The easement
agreement for the private street lists a servient tenement (the subject site) and the dominant
tenement (AnacorteslPtarmigan Subdivision) and defines certain rights to be enjoyed by both
parties (tenements). The original agreement signed in 1996 allowed for both the servient and
dominant tenements to each have up to two (2) single family residences and, in 1999, the
agreement was modified to allow the dominant tenement to have up to four (4) residences to
be served by the roadway. No modifications were made to the servient tenement's right to two
(2) residences and thus this portion of the agreement is still in effect. Staff concludes that the
private street is accessible to serve the addition of a single-family dwelling on the subject site.
.
The Ada County Highway District Commission has approved a modification to District policy
and is not requiring the construction of a sidewalk along Beacon Light Road abutting this site.
ACHD determined that the subdivision is adding only one new lot, and a grade change on the
edge of the roadway would either require significant fill to construct the sidewalk or would be
subject to being underwater if constructed below grade. Therefore in lieu of the sidewalk, the
applicant would be required to dedicate right-of-way for the future construction of a minor
arterial roadway, at which time improvements (such as curb and gutter) may be considered.
Due to the slope of the land and existing improvements (dwelling unit) adjacent to Beacon
Light Road, as well as the lack of other pedestrian amenities in the vicinity (Tanglerose
Subdivision to the east of this site will be the only development in the area to have sidewalk)
City staff would agree that a sidewalk along Beacon Light Road abutting this site is not
warranted at this time. Staff will defer to the Planning and Zoning Commission and the
Council to determine whether the sidewalk should be constructed.
.
Eagle City Code requires the installation of a SO-foot wide landscaped buffer for all new
residential development located adjacent to a minor arterial (Beacon Light Road falls within
this classification).
The applicant has not delineated a buffer area in front of the existing dwelling located
approximately 4S-feet from Beacon Light Road, which is proposed to maintain a driveway
access on to the roadway. The requirement for the SO-foot wide buffer would essentially
extend the easement line through the front of the house, placing a portion of the dwelling
within the buffer. While it may be physically impossible to extend the buffer through the
dwelling, this does not relieve the applicant of providing the required buffer area. Secondly,
the grade change on the edge of the roadway (Beacon Light Road) would require a significant
amount of fill and would be difficult to meet the berming requirements of Eagle City Code
permits the applicant to apply for an alternate method of compliance for landscaping when
certain conditions exist that prohibit City ordinances from being fully complied with.
Therefore, prior to the City signing the final plat, the applicant should submit an alternate
method of compliance application to the Design Review Board for review and approval of the
buffer area abutting Beacon Light Road. Staff recommends the buffer area abutting Beacon
Light Road be placed within an easement to be maintained by the homeowner's association,
and stated as such on the plat.
.
Eagle City Code section 9-4-1-S requires the installation of streetlights within all subdivisions.
Beacon Light Road currently has few, if any streetlights and is in an area in which residents
typically prefer the enjoyment of not having the glare of lights affecting their view. However,
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due to the lack of adequate lighting in the area, vision may be impaired for drivers trying to
determine access to driveways. The applicant should install a street light at the intersection of
Anacortes Lane and Beacon Light Road, prior to the City Engineer signing the final plat.
.
As noted within the Eagle Fire Department's letter dated December 29,2004, since a water
main is not in the vicinity, and fire hydrants cannot be installed, any new dwelling units will
be required to have fire protection sprinkler systems installed, prior to the issuance of a
certificate of occupancy.
STAFF RECOMMENDATION PROVIDED WITHIN 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 scheduled to be held before the Planning and Zoning
Commission on December 20, 2004, at which time the public hearing was continued to January 3,
2005, and January 18, 2005. A public hearing on the application was held before the Planning and
Zoning Commission on February 7, 2005, 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 no
one (not including 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 who had questions regarding the continuation of irrigation
water to abutting properties, the determination of who would pay for utility cuts within Anacortes
Lane; and that the installation of a street light at the intersection of Anacortes Lane and Beacon Light
Road was a good idea.
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of PP/FP-4-04 for a combined
preliminary plat and final plat application for Venice Subdivision with the site specific conditions
of approval and standard conditions of approval shown within their Findings of Fact and
Conclusions of Law document dated February 15,2005.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 8, 2005, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
app licant/representative).
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the City Council
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by two (2) individuals who had questions regarding the repair of an irrigation control box and the
continuation of irrigation water to abutting properties, the determination of who would pay for utility
cuts within Anacortes Lane; control of speeds on the private roadway; gas service to the properties
south of Beacon Light Road; and whether the electrical transformer serving the site was over capacity.
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP/FP-4-04 for a combined preliminary plat and final plat
application for Venice Subdivision with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval, with
underlined text to be added by the Council and strikethrough text to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. Comply with all requirements of the Eagle Fire Department's letter dated December 29, 2004,
including the installation of fire protection sprinkler systems in any dwelling unit if required by the
Eagle Fire Department. Approval from the Eagle Fire Department is required prior to the issuance of
any Certificate of Occupancy for the dwelling unit.
3. The applicant shall submit a design review application for a landscape plan showing perimeter
common area landscaping, fencing, and planting details within the required 50-foot wide buffer area
(unless an alternate method of compliance is approved by the Board) along Beacon Light Road
abutting this site for review and approval by the Design Review Board prior to City approval of a final
plat. The alternative method of compliance for the buffer is recommended in order to conform and
provide consistency with the proposed subdivision to the east.
4. Delineate on the plat an easement (in conformance with any approved alternate method of compliance
as noted above in ssc #3) for a buffer area along Beacon Light Road. 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, for review and approval by the Design
Review Board prior to the City Clerk signing the final plat.
5. All Htility poles providiag serviee to the eKistiag stmctHfes oa the site shall Be removed, prior to the
issliaHce of aHY bHildiag permits f.or the site. ;\ll Htility service liaes serlÌag existiag stmctHres aad the
bHildiag lots shall Be placed HRàergrm:lad. The develøper shall iavestigate the optioa of £OaaectiRg to
the power ser'iice liRe cl:lrreRtly located v:ithia ¡\Bacortes LaBe for use iR liel::l of the overhead liRe aad
pole cl::lrreatly ia I::lS8.
6. The applicant shall install a street light on the power pole at the intersection of Anacortes Lane and
Beacon Light Road. Lighting details and location shall be submitted to the City prior to the City
Engineer signing the final plat.
7. Add a note to the plat designating the easement width of side lot lines to be a minimum of 6-feet wide
on either side of the lot line. The front and rear lot utility easements are to be a minimum of 12-feet
wide.
8. If the private road is accef'ted by the Cm:lRcil, ~rrovide a copy of the Subdivision's CC&Rs providing
a plan and schedule for the future repair and maintenance of the private roadway. The CC&Rs shall be
reviewed and approved by the City Engineer prior to the City Engineer signing the final plat. The
applicant shall pay a proportionate share of the cost of the maintenance and repair of Anacortes Lane,
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as determined by an agreement among the homeowners using the private roadway. The homeowners
are encouraged to amend any current agreements in accordance with the provisions listed herein.
9. 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.
10. 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.
11. 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.
12. The applicant shall submit to the City Engineer plans and specifications regarding the current and
proposed delivery of the irrigation water serving the subject site and adjacent parcels. The plans shall
be reviewed and approved by the City Engineer prior to the City Engineer signing the final plat.
ST ANDARD 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 Environmental Quality approval of the sewer and water facilities is required
prior to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.c. 39-118).
s.
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)
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.
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.
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
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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15.
16.
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 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.
20.
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.
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.
27.
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 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.
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:
1. The application for this item was received by the City of Eagle on November 3, 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 5, 2004, in accordance with the requirements of the Eagle City
Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on February 21,
2005. 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 February 16,2005.
3. The Council reviewed the particular facts and circumstances of this proposed combined preliminary
plat and final plat (PP/FP-4-04) 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 density of
the approved zoning designation of R-E (Residential); and
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 and
provides the required improvements for a minor 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 proposed residential use is in accordance with the Residential Estates land
use designation as shown within the Comprehensive Plan and since the proposed lot
configurations, as well as the intent to develop the site with single family dwellings. is
commensurate to the surrounding development; and
d. Will not create excessive additional requirements at public cost for facilities and
services since the extension of municipal facilities is not required, as the site will be
served by individual wells and septic systems that must be approved by Central
District Health. Fire protection will be available from the Eagle Fire Department,
which will be aided with the use of fire protection sprinkler systems as required to be
installed in each new dwelling; 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 since no dedication of
public right-of-way for any new street is proposed or required; and
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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 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
Council's attention have been adequately addressed by the applicant, or will be
conditions of final plat approval as set forth within the conditions of approval above,
since Central District Health Department approval regarding the use of septic systems
within the development is required, as well as fire protection sprinkler systems are to
be installed in each new dwelling as required by the Eagle Fire department.
4. The Council 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
S. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of
the Zoning Title of the City.
DATED this 22nd day of March 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
~1ROA-' -~ ~~
Sharon 'K. Bergmann, Eagle City erk
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