Findings - PZ - 2005 - PP/FP-2-05 - Creekview Subd/2-Lot/4.85 Acre/1013 W Rush Road
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A COMBINED PRELIMINARY PLAT AND
FINAL PLAT FOR CREEKVIEW SUBDIVISION
FOR THOMAS MAILE
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PPIFP-2-05
The above-entitled combined preliminary plat and final plat application came before the Eagle Planning
and Zoning Commission for their recommendation on May 16, 2005. 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:
Thomas G. Maile is requesting combined preliminary plat and final plat approval for
Creekview Subdivision, a 2-10t residential subdivision. The 4.85-acre development is located
approximately 3,400 feet east of Ballantyne Road on the south side of Rush Road at 1013 W.
Rush Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on April 6, 2005.
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 April 30, 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 April 27, 2005. Requests for agencies' reviews were transmitted on April 8,
2005, in accordance with the requirements ofthe Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential-Estates (up R-E (Residential-Estates) Residential
to one dwelling unit
per two acres
Proposed No Change No Change Residential Subdivision
North of site Residential-Estates (up RUT (Residential - Ada County Single-family dwelling
to one dwelling unit designation) and Pasture
per two acres
South of site Residential-Estates (up R-E (Residential-Estates) Single-family dwelling
to one dwelling unit and Pasture
per two acres
East of site Residential-Estates (up R-E (Residential-Estates) Single-family dwelling
to one dwelling unit and Pasture
per two acres
West of site Residential-Estates (up R-E (Residential-Estates) Two lots each with a
to one dwelling unit single-family dwelling.
per two acres
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 4.85-acres
Total Number of Lots - 2
Commercial - 0
Industrial - 0
Common - 0
Total Number of Units - 2
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1 unit! per 2.43 acres 1-unit per two acres
(maximum)
Minimum Lot Size 2.25-acres (98,010 sq. ft.) 1.8-acres (78,408 sq. ft.)
Minimum Lot Width 271-feet (approx.) 100-feet
Minimum Street Frontage 50-feet 35-feet
Total Acreage of Common Area O-acres O-acres (not required in the R-
(measured as total landscaping of E zoning district)
the entire site)
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Any proposed berming, fencing and landscaping details are required for Design Review
Board review and approval prior to City approval of a final plat
Open Space:
Because this subdivision is located within the R-E zoning district, a minimum amount of
open space is not required, and none is proposed.
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&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 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District. If
hydrants cannot be installed (due to a lack of water service), the structures shall be
required to install sprinkler systems for fire protection.
The lots will be served by individual wells.
On-site Septic System (yes or no) - yes
Preservation of Existing Natural Features:
Existing trees located primarily around the existing dwelling unit on the site are to be
retained.
Preservation of Existing Historical Assets:
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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
Rush Road currently has a total of 50-feet of right-of-way (25-feet trom centerline) trom
Ballantyne Road to the property's west property line. At this property, Rush Road
becomes prescriptive right-of-way that is maintained by the District. The applicant is
required to widen Rush Road to provide a minimum of 18-feet of pavement and 2-foot
gravel shoulders abutting this site, as well as trom the eastern boundary of the site to
Ballantyne Road. The single-family dwelling units will have access to Rush Road via
individual driveways.
The single-family dwelling units will have access to Rush Road via individual driveways.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: N/ A
Sidewalks:
Sidewalks are not proposed within the subdivision or abutting Rush Road.
Curbs and Gutters:
Rush Road abutting this parcel is currently not improved with curb, gutter or sidewalk (see
staff discussion section D below). A borrow ditch abutting the roadway should be
constructed 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 approving 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.
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes-NW corner near the existing structure
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 attached. Comments,
which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Q.
LETTERS FROM THE PUBLIC: None received as of this date.
STAFF ANALYSIS PROVIDED WITIDN 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 may be in transition trom
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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6.7
Implementation Strategies
c. Encourage roadway design standards that are consistent with the Idaho
Transportation Department (ITD), Ada County Highway District (ACHD),
Ada Planning Association (APA), and other agencies that may be responsible
for roadway planning and design.
J.
Farm related uses and activities should be protected trom 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
1.
Encourage street lighting to increase roadway and neighborhood safety while
preserving a rural environment free of any unnecessary lighting.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-1-1(D)(1-3)
No building or structure or part thereof shall be erected or constructed except where the
following conditions have been satisfied: (Ord. 298, 10-14-1997)
1. All streets to be dedicated to the Ada County highway district as public streets, as
defined in section 8-1-2 of this chapter and section 9-1-6 of this code, shall be constructed
as required by ACHD or as required by this code, whichever holds the higher standard;
(Ord. 443, 11-11-2003)
2. Sanitary restrictions are removed pursuant to Idaho Code 50-1326;
3. Fire hydrants and water mains are provided, and operable, pursuant to section 9-4-1-11
of this code; and
c.
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
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E.
provision of the Zoning Title of the City.
.
ECC Section 9-3-5 (B) - Lots shall conform to the following standards:
Future Arrangements: Where parcels of land are subdivided into unusually large lots (such
as when large lots are approved for septic tanks), the parcels shall be divided, where
feasible, so as to allow for future re-subdividing into smaller parcels. Lot arrangements
shall allow for the ultimate extension of adjacent streets through the middle of wide
blocks. Whenever such future subdividing or lot splitting is contemplated, the plan thereof
shall be approved by the City Council prior to taking of such action.
.
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 (F) (1) Sidewalk Design:
Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street trontage 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.
.
ECC Section 9-4-1-11 Fire Hydrants and Water Mains:
Adequate fire protection shall be required in accordance with the appropriate fire district
standards. (Ord. 88, 11-15-1983)
DISCUSSION:
.
The Comprehensive Plan Land Use Map designates this site as Residential Estates (up to one
unit per two-acres maximum). The applicant is proposing one unit! 2.43 acres.
.
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) "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.
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.
The applicant proposes to subdivide this parcel (portion Lot 11) which is located within
Academy Place Subdivision, originally platted in 1908, which is in an area that the City has
approved three (3) lot splits in the past three (3) years and a preliminary /final plat for
subdividing Lot 9 into (4) four lots (Kolander Subdivision). Generally, these lot splits
consisted of dividing five (5) acre parcels into two (2) parcels, with lot sizes no less than 1.8-
acres. In addition, of the twenty (20) lots originally platted abutting Rush Road, all but eight
(8) lots (including the subject site) have been altered from the original platted configurations.
With this proposed subdivision, staff believes the character of the area will not be changed,
since the proposed lot configurations, as well as the intent to develop the site with single
family dwellings, is commensurate to the surrounding development.
.
Eagle City Code section 9-4-1-5 requires the installation of streetlights within all subdivisions.
The subject site is located adjacent to a street which currently has few, if any streetlights and
further, is in an area in which residents typically prefer the enjoyment of not having the glare
oflights affecting their view. However, due to the lack of adequate lighting in the area, vision
may be impaired for drivers trying to determine access to driveways. One possible solution
may be to install yard lights that are shielded to prevent horizontal glare onto adjacent
properties and still provide enough light to act as a marker to delineate the driveway access.
Staff will defer to the Planning and Zoning Commission and the City Council regarding this
matter.
.
Eagle City Code Section 6-5-3 (B) requires that every parcel ofland being improved by new
construction shall be connected to a public water system, ifthe site is located within 300-feet
of a water main. The applicant should verify that the location of the nearest water main and, if
not within 300-feet of the subject site, then a public water connection should not be required.
.
The Ada County Highway District has not required the installation of curb, gutter and
sidewalk on Rush Road abutting this site. Typically, the City requires a five-foot (5') wide
concrete sidewalk along the roadway of which a proposed development abuts. However,
numerous conditions exist, or would be created, with the installation of curb, gutter and
sidewalk abutting this site. The majority of the parcels in the area have previously been
developed with larger-acre sized lots, and as such, pedestrian traffic is not abundant on this
local roadway due to the longer travel lengths between homes or major roadways. This may
also be evidenced by the current lack of sidewalks in the area. In addition, any existing
drainage problem could be exacerbated with the addition of curb and gutter, possibly
interfering with existing historical drainage ways and directing storm water runoff to areas that
previously have not received runoff, or that are unable to accommodate the additional flows.
Eagle City staff would recommend that the City not require the construction of curb, gutter
and sidewalk on Rush Road abutting this site. The construction of only one segment of curb,
gutter and sidewalk in an area which may not see redevelopment for a number of years would
not only present safety issues (the curb acting as a sudden obstacle for drivers used to borrow
ditches); aesthetic concerns would also arise. A rural road with borrow ditches on either side
does maintain a certain appearance of a country setting; a concrete curb, gutter and sidewalk
on only a small portion ofthe roadway would clash with the surrounding development.
ST AFF RECOMMENDATION PROVIDED WITmN THE STAFF REPORT:
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Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided below.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on May 16,
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).
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval ofPP/FP-2-05 for a combined preliminary
plat and final plat application for Creekview Subdivision with the following staff recommended
site specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROV AL:
1. Comply with all requirements of the City Engineer's letter dated April 28, 2005.
2. Comply with all requirements of the Eagle Fire Department's letter dated May 5, 2005, including the
installation of fire protection sprinkler systems in the new dwelling units. Approval from the Eagle
Fire Department is required prior to the issuance of any Certificate of Occupancy for the dwelling
units.
3. All driveways accessing the dwelling units shall be a minimum of twenty-feet (20') wide, and shall
comply with all driveway standards as required in the Eagle Fire Department's letter dated May 5,
2005. Approval trom the Eagle Fire Department is required prior to the issuance of any Certificate of
Occupancy for the dwelling units.
4. All utility poles providing service to the existing structures on the site shall be removed, prior to the
issuance of any building permits for the site. All utility service lines serving existing structures and the
building lots shall be placed underground.
5. In lieu of streetlights, yard lights shall be installed at each driveway access. Shielding shall be
installed on the yard lights to prevent the light trom projecting horizontally into adjacent properties.
The yard light for each dwelling shall be installed prior to the issuance of a Certificate of Occupancy.
6. Future re-subdivision(s) of any portion of this site shall be required to comply with ECC Title 9 "Land
Subdivisions".
7. 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.
8. 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.
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9. 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.
STANDARD CONDITIONS OF APPROVAL:
2.
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.
1.
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.
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.
3.
Idaho Department of Health & Welfare 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).
4.
Written approval of all well water for any shared or commercial well shall be obtained trom the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
5.
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 trom 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)
6.
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 tront to allow for future connection to a public sewer system.
7.
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 trom 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.
8.
The applicant shall submit a letter trom the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter trom a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy ofthe construction drawing(s) shall be submitted with the letter.
9.
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
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10.
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's 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.
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.
11.
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.
12.
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.
13.
An approval letter trom 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, which do not exceed 3,600 sq. ft. Fire flows for dwellings larger than 3,600 sq.
ft. shall be as specified in Table BI05.1 of the International Fire Code. 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.
bo
c.
d.
14.
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
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15.
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.
Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
16.
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.
17.
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.
180
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.
19.
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".
20.
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.
21.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
22.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) trom the Corps of Engineers prior to approval of the final plat by
the City Engineer.
23.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) trom 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.
24.
Basements in homes in the flood plain are prohibited.
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25.
27.
28.
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 ofthe subject property.
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.
300
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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 6, 2005.
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 April 30, 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 April 27, 2005. Requests for agencies' reviews
were transmitted on April 8, 2005, in accordance with the requirements of the Eagle City Code.
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3. The Commission reviewed the particular facts and circumstances of this proposed combined
preliminary plat and final plat (PP/FP-2-05) 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:
ao The requested combined preliminary plat and final plat complies with the density of
the approved zoning designation ofR-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 land use
designation of this area 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, due to the property
being zoned R-E (Residential Estate). The site will be served by individual wells and
septic systems that must be approved by Central District Health. Fire protection will
be available trom 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 new dedication
of public right-of-way is proposed or required; and
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
Commission'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.
40 The Commission reviewed the particular facts and circumstances of this proposed combined preliminary
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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
50 The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of
the Zoning Title of the City.
DATED this 6th day of June 20050
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Phillip.
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Page 15 of 15
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