Findings - CC - 2005 - PP-4-05 - Pp/Eagle Creek Subd/71 Lot/26.66 Acre Site/655 Park Lane
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION FOR )
A PRELIMINARY PLAT FOR EAGLE CREEK )
SUBDIVISION FOR GOLD CREEK DEVELOPERS)
LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-4-0S
The above-entitled preliminary plat application came before the Eagle City Council for their action on June
28, 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:
Gold Creek Developers LLC, represented by The Land Group Inc., is requesting
preliminary plat approval for Eagle Creek Subdivision, a n-lot (58-buildable, 13-
common) residential subdivision. The 26.66-acre site is located approximately 1,700-feet
south of Floating Feather Road and west of Park Lane at 655 Park Lane.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on February 24, 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 Aprilll, 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 8, 2005. Requests for agencies' reviews were transmitted on April 8, 2005,
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 May 23, 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 June 8, 2005.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 30, 2003, Ada County approved Senora Creek Subdivision, which included
a portion of this site (zoned R4).
E. COMPANION APPLICATIONS:
A-2-05 & RZ-4-05 Rezone from RUT, R4 (Residential- Ada County designation) and R-
E to A-R (Agricultural-Residential) & R-3 (Residential - up to three dwelling units per
acre)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential Three - Park RUT & R4 (Residential- Agriculture
Lane Planning Area Ada County designation) &
R-E (Residential)
Proposed No Change R-3 (Residential) & A-R Residential Subdivision
Agricul tural- Residential
North of site Residential Three - Park R-E (Residential) & R-2-DA Single-family dwellings
Lane Planning Area (Residential with a
Development Agreement)
South of site Residential Three - Park R-E (Residential) Residential & Pasture
Lane Planning Area
East of site Public/Semi-Public Public/Semi-Public Eagle High School
West of site Residential Three - Park R4(Residential - Ada County Single-family dwellings
Lane Planning Area designation) Senora Creek Subdivision
No. I
G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or
DSDA.
H. SITE DATA:
Total Acreage of Site - +/-26.66-acres
Total Number of Lots - 71
Residential - 58
Commercial - 0
Industrial - 0
Common - 13
Total Number of Units - 58
Single-family - 58
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - none
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.18-units per acre 3-units per acre maximum
Minimum Lot Size 10,000 square feet 10,000-square feet
Minimum Lot Width 70-feet 75-feet
Minimum Street Frontage 36.83-feet 35-feet
Total Acreage of Common Area 3.03-acres 2.7 I-acres (minimum)
Percent of Site as Common Area 11.37% 10% (minimum)
Note: the Common Area (3.03-acres) calculation does not include Lot 35, Block 1, which is a
common lot for the purpose of providing temporary vehicle access to Park Lane.
I. GENERAL SITE DESIGN FEATURES:
Open Space, Green Belt Areas and Landscape Screening:
Will provide 3.03 acres of common open space area. Lot 8, Block 2 consists of a
pool/clubhouse area, basketball COUlt, tot lot, and a parking area for pool/clubhouse area.
A 20' foot portion of this lot connects to the proposed N. Opuntia Way for pedestrian
access from the lots north of this common area.
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 fmal plat. The plans are 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 (when deemed necessary) 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.
On-site Septic System (yes or no) - not allowed
Pressurized Irrigation:
The applicant states that a pressurized irrigation system using non-potable irrigation water
will be utilized for the landscape watering needs for this development.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
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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:
Public Streets:
Roadway access from Seguaro and temporary access to Park Lane will be provided by the
developer with interior ACHD roads. The applicant is proposing to construct a roadway
within the development with a thirty-three foot (33') wide roadway section (as measured
from back of curb to back of curb). Rolled 3" curb and five foot (5') wide grass
swales/landscape strips are proposed on both sides of the roadway. There will be two stub
streets connecting to the parcel to the south. There is a roundabout proposed internally at
the intersection of W. Saguaro & Bursera Way with a twenty foot (20') roadway width
around the roundabout.
There are two (2') knuckles proposed at the comers of Prickly Pear Dr.
Lot 35, Block 1 is a common lot created for the purpose of providing a temporary
ingress/egress access to Park Lane (as required by ACHD). Once access to Park Lane is
achieved through the site to the south (via the stub streets to the south) the temporary
access should be reconfigured to block vehicular access (eg through the use of bollards)
and still permit pedestrian access.
Blocks Less Than 500': None
Cul-de-sac Design: One proposed 349' feet in length with a 50' foot radius.
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of the
roadway.
Curbs and Gutters:
Rolled 3" curb and gutters are proposed within the interior of the development. The
applicant has dedicated additional 5' (five) feet of right-of-way and paid into a right-of-
way trust deposit for the construction of a sidewalk along Park Lane on Lot 24, Block I.
ACHD is not requiring a sidewalk on Park Lane adjacent to Lot 11, Block I until the
parcel is further developed.
Lighting:
Historic light fixtures will be provided along streets. Pedestrian bollard lighting will occur
at key path locations. Lighting for the proposed subdivision is required. Location and
lighting specifications shall be provided to the City Zoning Administrator prior to the City
accepting the final plat application.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
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K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian circulation will utilize the proposed pathway system and detached sidewalks
throughout the development. The pathway system will interconnect with future residential
developments.
Bike Paths:
Bikes will have access to the proposed pathway system and detached sidewalks throughout
the development. Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be
provided in all subdivisions as part of the public right-of-way or separate easement, as may
be specified by the City Council. Due to this development being adjacent to Eagle High
School, Lot 35, Block 1 should be required to include a pathway to Park Lane to
encourage alternative transportation and meet the requirement of Eagle City Code.
L. PUBLIC USES PROPOSED:
See "Open Space, Greenbelt Areas and Landscape Screening" noted above.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes, see aerial
Riparian Vegetation - yes, along laterals
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - yes, pheasant, dove and quail
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District (ACHD)
Eagle Fire Depaltment
Eagle Sewer District
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Idaho Transportation Departrnent (ITD)
Joint School District No.2
State of Idaho Department of Environmental Quality (DEQ)
United Water of Idaho Inc.
Q. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 1 - Overview
1.1 City of Eagle Statement of Purpose
b. To ensure that adequate public facilities and services are provided to the people at
reasonable cost.
1.3 The City of Eagle Vision Statement
b. interconnected with user-friendly pathways and roadways;
Chapter 4 - Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the public
and are generally available to Eagle residents. The City and special districts provide the
basic services of water, sewer, school, police, fu'e and library to residents. With Eagle's
growing population comes the need for increased public services and the necessity to
improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded plays
an important role in the location and intensity of future housing, commercial and industrial
development. Since the City of Eagle depends on outside providers, it must be involved in
any plans that will effect the community. Service providers currently include:
. The Eagle Sewer District provides sewer service within a designated sewer service
area.
. The Meridian and Boise School Districts provide K-12 education.
. United Water, Eagle Water Company, and the City provide water to Eagle residents.
Some private water systems and wells are also used.
. Private canal companies and drainage districts provide irrigation water and drainage
water management.
4.27 Other Services and Utilities
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Pressure Irrigation
The City of Eagle currently requires the installation of pressurized irrigation systems for
the irrigation of landscaping when new development is within an irrigation district and
water rights are available.
4.5 Implementation Strategies
d. Encourage land use development to reduce street hazards by developing access to
elementary and secondary schools on local streets and/or pathways.
j. The City and the Eagle Sewer District should continue to work together to coordinate urban
development based upon the Land Use component of the Comprehensive Plan and the Eagle
Sewer District's master plan.
Chapter 8 - Transportation
8.3.1 Paths
Function: To provide for recreation and alternative transportation; important to provide
safe continuous thoroughfares with minimal cross flow of vehicular traffic.
Location: Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be located
along roadway right-of-ways and would usually be separated from vehicle travel lanes and
the paved section of the roadway by a median or sidewalk.
8.6 - Implementation Strategies
c. Encourage roadway design standards that are consistent with the Idaho Transportation
Department (ITD), Ada County Highway District (ACHD), Ada Planning Association
(APA), and other agencies that may be responsible for roadway planning and design.
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.
Chapter 9 - Parks, Recreation and Open Spaces
9.5 Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· ECC Section 8-2-4 SCHEDULE OF BUILDING HEIGHT AND LOT AREA
REGULATIONS
Sets the minimum lot width in a R-3 zone at seventy-five (75') feet.
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. ECC Section 8-4-2 (A) OFF STREET PARKING AND LOADING APPLICATION OF
PROVISIONS
A. No building or structure shall be erected, substantially altered, or its use changed
unless permanently maintained off street parking and loading spaces have been
provided in accordance with the provisions of this title.
. ECC Section 8-2A-7 (J)(4)(a)
a. Any road designated as an urban or rural collector on the Ada County long range
highway and street map:
A minimum of thirty five feet (35') 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: four
(4) shade trees, five (5) evergreen 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, decorative block wall,
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 (I') vertical distance. If a decorative block
wall, 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 shall be provided for the
placement of the decorative wall. Chain link, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. ECC Section 9-3-3 PEDESTRIAN W ALKW A YS:
Right of way for pedestrian walkways in the middle of long blocks may be required where
necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas.
The pedestrian easement shall be at least ten feet (10') wide.
. ECC Section 9-3-5 (A) LOTS: Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height
and area regulations as set forth in section 8-2-4 of this code.
. ECC Section 9-3-6 (A) EASEMENTS:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines when deemed necessary. Total easement width shall not be less than twelve
feet (12').
. ECC Section 9-4-1-6 (A) & (B) PEDESTRIANIBICYCLE P A THW A Y AND SIDEWALK
REGULATIONS:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of
travel, and to provide safe, convenient and aesthetic alternative travel routes to common
destinations such as schools, parks, shopping centers, etc. The following factors will be
considered in the placement of any pathway: the utility and need for a given pathway,
impacts to existing neighborhoods, compliance with the transportation/pathway network
maps within the comprehensive plan, pathway design as it relates to both crime prevention
and function, and the responsibilities of ownership, maintenance, and liability.
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B. Location:
1. The city shall require the creation and maintenance of pathways, (except in cases where
it is shown to be inappropriate), that provides access to adjacent:
a. Schools;
b. Public parks;
. ECC Section 9-4-1-6 (D)(1) PATHWAY DESIGN:
D. While the city may exercise considerable discretion in determining the design of
pathways, the following minimum standards should be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum six feet (6') wide and shall be located
within a sixteen foot (16') wide pedestrian access easement. Regional pathways such as
the Boise River greenbelt and pathways located adjacent to major roadways shall be a
minimum ten feet (10') wide and shall be located within a twenty foot (20') wide
pedestrian access easement.
D. DISCUSSION:
. Park Lane is shown as a Urban Collector on the Ada County Long Range Highway
and Street Map - 2025 Functional Street Classification System.
The applicant should be required to provide a revised preliminary plat showing a
minimum 35-foot wide buffer area (in accordance with ECC Section 8-2A-7 (J)(4)(a))
along portion of the subdivision fronting Park Lane (Lots 11 and 24, Block I). The
buffer area shall be reviewed and approved by the Design Review Board prior to the
submittal of the final plat.
. The 2000 Comprehensive Plan, Chapter 4 discusses school and public service issues.
The Eagle Sewer District has indicated that all of this property has not been annexed
into the District. The portion of this site that is not currently annexed into the Eagle
Sewer District's boundaries will be required to be annexed into their boundaries prior
to the City accepting a final plat application for the site.
The applicant has not provided any documentation that demonstrates that water rights
(or shares) are adequate to irrigate all of the lots per Eagle City Code Section 9-4-1-9-
(C) Pressurized Irrigation Facilities. The applicant is required to provide the
necessary information to show that adequate rights or shares exist to prior to the City
Council approval of the preliminary plat.
Chapter 8 discusses pathways for recreation and alternative transportation. The need for a
permanent pathway to the east in Lot 35, Block 1, should be established for access to
Eagle High School. This is also required in ECC 9-3-3 and 9-4-1-6. A plan showing how
the pathway is to be designed and landscaped once the temporary access is removed
should be submitted as part of the Design Review application.
. Lot 22, Block 1 appears to be only seventy (70') feet in width; therefore it would be a
substandard lot in the R-3 Zone. The minimum lot width in this particular zone is
seventy-five (75') feet. The applicant should be required to provide a revised
preliminary plat showing Lot 22, Block 1 having a minimum lot width of 75-feet.
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. The plat indicates ten (10') foot wide easements along public Right-of-Way and along
the rear property and interior side property lines. ECC 9-3-6 requires a minimum
twelve (12') foot easement. The applicant should be required to provide a revised
preliminary plat showing all easements a minimum of 12-feet wide.
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 held before the Planning and Zoning Commission on May 2,
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 favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in opposition to nor in favor of this proposal was presented by one individual
(property owner bordering proposed Block!, Lots 24-33) who has concerns regarding traffic on the
temporary access to the south of his property. The concerned individual also stated he flood irrigates
his property and his run-off water may flood the bordering lots and wanted to know if the new lot
owners would have to accommodate the run-off water from his property.
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien abstained) to recommend approval of PP-4-05 for a
preliminary plat for Eagle Creek 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, May 16, 2005.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 28, 2005, at which time
testimony was taken and the public hearing was closed. The COllncil made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 3 to 0 (Sedlacek absent) to approve PP-4-05 for a preliminary plat for Eagle
Creek 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:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. The applicant's property shall become annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District regulations and conditions prior to the City
accepting a final plat for this site.
3. Construct a minimum five foot (5') wide meandering concrete sidewalk along Park Lane abutting this
site (excluding along Lot 12, Block 1 and Lot L Block 2, as noted on the preliminarv plat, date
stamped bv the Citv on Mav 24, 2005).
4. Add a note to the final plat which states that, "Minimum building setback lines shall be in accordance
with the applicable zoning and subdivision regulations at the time of issuance of a building permit or
as specifically approved and/or required."
5. The applicant shall submit a design review application and landscape plan showing fencing (if
proposed), trees, landscaping, and berming, and planting details within the required buffer area along
Park Lane abutting this site for review and approval by the Design Review Board prior to the
submittal of the final plat.
6. Lot l..~ Block;L+ will be an open space/ access lot until the time in which it is subdivided and a new
pedestrian! vehicle point is platted to the south.
7. SaBala a sidewalk Be reqairea 13)' :\OID The applicant shall be required to provide a revised
preliminary plat showing a minimum 35-foot wide buffer area (in accordance with ECC Section 8-2A-
7 (J)(4)(a)) along the portion of the subdivision fronting Park Lane (excluding along Lot 12, Block I,
and Lot L Block 2, as identified on the preliminarv plat, dnte stamped by the Citv on Mav 24, 2005).
The buffer area shall be reviewed and approved by the Design Review Board prior to the submittal of
the final plat.
8. The applicant shall submit a design review application showing proposed subdivision signage and a
landscape plan showing perimeter fencing (if proposed), street trees, and common area landscaping
within this site for review and approval by the Design Review Board prior to City approval of a final
plat.
9. Extend the landscaping within the required buffer area along Park Lane to within 9-feet from the edge
of pavement. The 9-feet between the landscaping and edge of pavement (along the entire frontage of
this site) shall be graveled as approved by ACHD. The gravel shoulder area shall be maintained and
kept free of weeds and debris.
10. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot generally at each side property line, or as approved by the
Design Review Board. The trees shall be located in the 5-foot wide landscape strip between the 5-foot
wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat for each phase, the
applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of
credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees
shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy
may be issued if weather does not permit landscaping.
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11. Provide detailed building elevations of the pool/clubhouse and any structures proposed to house the
pressurized irrigation pump. The detailed elevations, colors and materials shall be reviewed and
approved by the Design Review Board prior to the submittal of the final plat.
12. All healthy trees (as determined by the City Forester) that are to be preserved and integrated into the
open space design for the development shall be shown on a landscape plan and submitted for Design
Review Board approval prior to the submittal of a final plat.
13. All living trees that do not encroach upon the buildable area on any lot shall be preserved, or as
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be
integrated into the open space areas or private lots (unless approved for removal by the City Forester
and the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of the final plat.
14. The applicant shall have an on-site meeting with the City Forester to survey all trees that are planned
to be saved prior to submittal of the design review application. Subsequent to the on-site meeting,
construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees
that are to be preserved, prior to the commencement of any construction on the site. No activity
whatsoever shall take place within the drip line of the trees.
15. Useable amenities such as the pool/clubhouse, picnic tables, covered shelters, benches, playground
equipment, gazebos, and/or similar amenities as determined by the City Council shall be provided
within the open space areas. Landscape plans showing open space amenities shall be reviewed and
approved by the Design Review Board, prior to the submittal of the final plat.
16. The Eagle Creek Subdivision shall remain under the control of one Homeowners Association.
17. The applicant shall place a note on the final plat that all common lots are to be owned and maintained
by the Eagle Creek Homeowner's Association. The applicant shall provide a copy of the CC&Rs
which include a similar statement regarding the common lots for review and approval prior to
submittal of the final plat.
18. The CC&Rs for the Eagle Creek Homeowner's Association shall provide that the association shall
have the duty to maintain all of the common landscape areas in the subdivision in a competent and
attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees.
STANDARD CONDITIONS OF APPROVAL:
I. 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. Department sf Environmental Quality ap/lroval of the sewer and water facilities is required prior to
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tHe City EHgineer sigHing tile fiHal plat (LC. Title 50, Chapter 13 aHa LC. 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-S.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.
S. Per Idaho Code, Section 31-3S05, 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 tile 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&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 ntnoff 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
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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:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. 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.
c. 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.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attomey 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 tile 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
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.
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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.
IS. 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 fmal 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.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. 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.
24. 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.
25. Basements in homes in the flood plain are prohibited.
26. 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.
2S. 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)).
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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.
32. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
33. 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.
34. 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.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on February 24, 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 11, 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 8, 2005. Requests for agencies' reviews were
transmitted on April 8, 2005, 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 May 23,2005.
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 June 8, 2005.
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3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-4-
05) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zonmg designation of A-R
(Agricultural- Residential) and R-4 (Residential).
b. Will be harmonious with and in hccordance with the general objectives of Title 9 of the Eagle
City Code since the development is consistent with the Comprehensive Plan Land Use Map
designation of Residential Three and provides the required improvements for a subdivision or
as may be conditioned herein; 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 and because this site will be designed
in accordance with the standards of Eagle City Code and the Eagle Architecture and Site
Design book (EASD); and
d. Will not create excessive additional requirements at public cost for facilities and services as
the site will be served with central sewer from the Eagle Sewer District and will use public
water to be served from United Water Company. Fire protection will be available from the
Eagle Fire District and fire hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is required to be reviewed and
approved by the Idaho transportation Department and the Ada County Highway District and is
subject to the conditions herein;
f. While there is no capital improvement program, the developer is required to install public
improvements 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 the
preliminary plat and subsequent final plat approval as set forth within the conditions of
approval above.
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DATED this 12th day of July 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
~a County, Idaho
v
ATTEST:
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