Findings - CC - 2005 - PP-08-05 - Covenant Hill Subd/44-Lot/47.8Acre/1501&1601 W Ff Road
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION FOR )
A PRELIMINARY PLAT FOR COVENANT )
HILL SUBDIVISION FOR HILL VIEW )
DEVELOPMENT CORPORATION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-08-0S
The above-entitled preliminary plat application came before the Eagle City Council for their action on
August 9, 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:
Hillview Development, represented by Land Consultants, Inc., is requesting preliminary
plat approval for Covenant Hill Subdivision a 44-lot (41-buildable, 3-common) residential
subdivision. The 47.8-acre subdivision is located on the south side of Floating Feather
Road approximately one-quarter mile east of Ballantyne Lane, at 1501 & 1601 W.
Floating Feather Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 20, 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 June 20, 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 13, 2005. Requests for agencies' reviews were transmitted on May 23,
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 July 25, 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 July 15, 2005.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 19, 2005, the City Council denied a proposed comprehensive plan text
amendment (CPA-3-05) to change the Transitional Residential to allow for two-units/acre
south of Floating Feather Road and rezone (RZ-3-05) to change the zoning to R-2-DA
(two-units/acre with a development agreement) concluding that the proposed
comprehensive plan amendment and rezone were not in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives. The applicant withdrew their
application for a Preliminary Plat (PP-2-05) after the City Council's denial of the rezone
and the Comprehensive Plan text amendment.
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E. COMPANION APPLICATIONS:
RZ-9-05 - Rezone from A (Agricultural) to R-I-DA (Residential with development
agreement - up to one unit per acre maximum).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential A-(Agriculture) Single Family Dwelling;
Pasture
Existing Transitional Residential A-(Agriculture) Single Family Dwelling;
Pasture
Proposed Transitional Residential R-I-DA (Residential-One Residential Subdivision
unit/acre with development
agreement)
North of site Transitional Residential R-E (Residential-Estates) Single Family Dwelling;
Pasture
South of site Residential One (up to one A-R (Agriculture- Single Family Residential
dwelling unit per acre) Residential) (Bakers Acres Subdivision)
East of site Residential One (up to one R-l (Residential-One Single Family Residential
dwelling unit per acre) dwelling unit/acre) (Downing Downs
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or
DSDA.
H. SITE DATA:
Total Acreage of Site - 47.80-acres
Total Number of Lots - 44
Residential- 41
Commercial - 0
Industrial - 0
Common - 3
Total Number of Units - 41
Single-family - 41
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre .86 du/acre 1- du/acre (maximum)
Minimum Lot Size 37,072-square feet 37,000-square feet
Minimum Lot Width ISO-feet 100- feet
Minimum Street Frontage 43.9-feet (Cul-de-sac Lot) 35-feet
Total Acreage of Common Area 1.54-acres * O-acres
Percent of Site as Common Area 3.2% 0%
Note: The ten (10') foot wide landscape strip located between the sidewalk and roadway within this site encompasses
2.1 acres.
I. GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
While the R- I zone does not require open space, the proposed development includes 1.54
acres (3.2%) of common area consisting of the required buffer area along Floating Feather
and the entry island to the subdivision. There are also ten foot wide landscape strips
bordering the interior streets in the subdivision containing 2.10 acres (4.4%) total. There is
no proposed greenbelt area in this application.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance shall submit street drainage plans.
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&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District. The
domestic water will be provided by Eagle Water Company.
On-site Septic System (yes or no) - no
Sanitary Sewer:
Sewer will be provided by Eagle Sewer District through the extension of an existing sewer
mam.
Irrigation Water:
Common lots are planned to be provided with pressurized irrigation from a private, on-site
pump station utilizing the existing water rights from the Farmer's Union Ditch Company.
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The pressurized irrigation system will be under the control of the Homeowner's
Association.
Preservation of Existing Natural Features:
The parcel has a small number of existing trees located mainly around the existing single-
family dwellings 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 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 which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
J. STREET DESIGN:
Private or Public Streets: Public
The applicant has proposed 33-foot wide street sections with 5-foot wide detached
sidewalks separated from the street by lO-foot wide planting strips.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': none
Cul-de-sac Design:
The applicant has proposed three cul-de-sacs and two knuckles. The cul-de-sacs have a
50-foot minimum radius and are approximately four-hundred feet long.
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed on both sides of the interior
streets.
Curbs and Gutters:
Rolled 3" curb and gutters are proposed within the interior of the development.
Lighting:
The applicant has proposed six street lights as shown on the preliminary plat. Lighting
specifications shall be provided to the City Zoning Administrator prior to the City
Engineer signing the final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
A detached five-foot (5') wide concrete sidewalk is proposed on both sides of the interior
streets.
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Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L. PUBLIC USES PROPOSED: None
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, to be reviewed by City Forester.
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - None Known
Wildlife Habitat - no
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:
Central District Health
Chevron Pipeline
Eagle Sewer District
Farmer's Union Ditch Company, LTD.
Joint School District No.2
Idaho Department of Environmental Quality
Idaho Power
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
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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, fire 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
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.
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Chapter 6 - Land Use
6.7 Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire. recreational areas, highways and
transportation systems.
k. Protect gravity flow irrigation systems including canals, laterals and ditches to
assure continued delivery of irrigation water to all land serviced by such
systems, to protect irrigation systems as a long range economical method for
water delivery and to coordinate surface water drainage to be compatible with
irrigation systems.
1. 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.
p. Support City of Eagle flood and storm drainage regulations to achieve
protection of property rights. environmental protection and flood damage
reduction for community residents.
Chapter 8 - Transportation
8.3.0 City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and Lanes.
The City of Eagle TransportationlPathway Network Maps #1 and #2 illustrates the
various classifications and locations which are included in the pathway system
and described as follows:
8.3.1 Paths
Function:
To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location:
Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
8.3.2 Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized uses.
Location:
Bike Lanes usually exist on the same pavement surface as motorized lanes.
Arterials and collectors should be provided with bike lanes on each side of the
roadway.
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8.4 Goal
Plan a transportation system to serve the planned land use of the City of Eagle and
its Area of Impact.
8.5.1 Objective
Encourage alternative transportation forms such as walking and biking.
8.6 Implementation Strategies
b. Integrate all modes of travel to support air quality improvement measures.
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle TransportationlPathway
Network Maps #1 and #2, adopted local and regional pathway plans, as may
be needed for intra-neighborhood connectivity and to ensure that bike and
pedestrian traffic is not unnecessarily pushed out onto arterials and collectors.
1. Encourage street lighting to increase roadway and neighborhood safety while
preserving a rural environment free of any unnecessary lighting.
m. Establish and require minimum setbacks between developments and roadways
and to encourage installation of berms and landscaping for all developments
to enhance safety and to enrich the roadway and community appearance.
p. Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where
existing buildings, inordinate environmental impacts, or other impacts make
setting the sidewalk back infeasible. Meandering sidewalks should be
required where space permits. A planter strip of sufficient width for street
trees between the sidewalk and roadway should be required to provide a
canopy effect over the roadways. The type of street trees used should be those
which have root systems that have proven to not cause sidewalk or curb
damage when in close proximity to such improvements.
q. Design and/or align roads to preserve existing trees wherever possible; safety
shall not be compromised.
r. Encourage planning of local roadway systems which will provide for intra-
neighborhood connectivity. The connecting roadways should be designed to
not become collectors and to discourage traffic from cutting through
neighborhoods to go from a collector or arterial to another collector or arterial.
Such intra-neighborhood connectivity is for emergency and delivery vehicles
and for local intra-neighborhood access.
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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.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e.
the Boise River and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
1. Consider the pathway easements along drainage ditches.
9.5.3 Implementation Strategies
f. Prioritize greenbelt and pathway development: 1) greenbelt/pathway system
along the Boise River; 2) greenbelt/pathway system along the Dry Creek; 3)
corridor preservation along future planned pathways and irrigation features;
and 4) road crossings.
Chapter 12 - Community Design
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
12.4 Implementation Strategies
1. Encourage the development of pathways and open-space corridors throughout the
City.
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q. Maintain the rural residential character and open space environment in and round
the City.
B. SOARING 2025 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04)
designates this site as:
Transitional Residential - Residential development that provides for a transition of
density within the planning area while keeping in context the density, scaling and lot
sizes of existing or proposed uses. Commonly requires changes in lot dimensions and
scaling, see specific planning area text for a complete description.
. The "Soaring 2025", Western Area Plan also designates this area as being in the Eagle
Middle School Planning Area.
6.4 J Eagle Middle School Planning Area
During the public visioning process, the densities around the Eagle Middle
School site were reviewed and an increase in residential density was
recommended. Though these changes are not contained within the
Western Planning Area the ultimate development densities in this area will
have impacts on the expansion of the City water system.
6.4J.1 Uses
The land use designation in the Eagle Middle School Planning Area is
Transitional Residential, with an overall density for the area to be I-unit
per acre with a mix of open space combined with smaller lots located
adjacent to the school site transitioning to compatible lot sizes and scaling
adjacent to the large lots at the perimeter of the area.
6.4J.2 Access
Access to the area should focus on new internal linkages.
Proper setbacks and berming should be used to protect the arterials, from
increasing residential uses.
6.4J.3 Design
Overall residential density of the area shall be 1 unit per acre transitioning
into clustered and/or compatible lots adjacent to existing subdivisions at
the perimeter.
Development in the Eagle Middle School Planning Area shall be
submitted as a planned unit development and/or development agreement.
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Open space and trails should be developed through out the development
providing connectivity to the school site.
All uses shall be setbacks from streams, irrigation and drains for trails and
open space;
Use of transitional lot sizes and clustering when new development abuts
existing subdivisions, business and office uses.
The City would like to acquire approximately IS acres of park land and/or
flood way protection areas for Dry Creek northwest of the intersection of
Floating Feather Road and Eagle Road.
6.4J.4 Issues
The main concerns in the development of the area are the integration of lot
sizes and housing styles. The vision for the area is contingent on the
integration of uses and providing a flow of housing units throughout the
area to avoid creating defined separation from estate areas and moderate
density area, for example. Further the flow and provision of open space
and trails through the area should be key to development approval of the
area. Special concern shall be made for the Dry Creek floodway and
floodplain to limit uses that are not consistent with the delicate nature of
these areas.
C. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. 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 (1') 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. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
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D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. ECC Section 9-3-2-1 (C) STUB STREETS:
Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new
subdivisions shall be such that said streets extend to the boundary line of the tract to make
provisions for the future extension of said streets into adjacent areas, and shall have a cul-
de-sac or temporary cul-de-sac. A reserve street may be required and held in public
ownership.
. ECC Section 9-4-1-6 (A) & (B) PEDESTRIANIBICYCLE PATHWAY 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.
B.Location:
I. 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;
c. Adopted pathway elements within the comprehensive plan and the
ridge to rivers pathway plan;
d. Neighborhoods;
. ECC Section 9-4-1-6 (D)(I) PATHWAY DESIGN:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards should be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the residences
ofthe subdivision shall be a minimum six feet (6') wide and shall be located within a
sixteen foot (16') wide pedestrian access easement. Regional pathways such as the Boise
River greenbelt and pathways located adjacent to major roadways shall be a minimum ten
feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access
easement.
. ECC Section 9-4-1-8: UNDERGROUND UTILITIES:
Underground utilities are required. (Ord. 88,11-15-1983)
. 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)
. ECC Section 9-4-1-12: LANDSCAPE BUFFER AREAS:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required
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for the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision
plats shall show the location of all buffer areas. (Ord. 420, 5-21-2002)
E. DISCUSSION:
. This site is designated as Transitional Residential area on the Comprehensive Plan Land Use
Map. The Transitional Residential designation allows for a density of one (I) unit per acre, the
applicant is proposing a density of .86 units per acre. The site is also located within the Eagle
Middle School Planning Area as identified in Section 6.4J of the Soaring 2025
Comprehensive Plan.
. The applicant is proposing one stub street to the south, which currently leads to a platted
subdivision known as Bakers Acres Subdivision. Bakers Acres is designated as Residential
One on the Comprehensive Plan Land Use Map and currently zoned A-R; therefore possibly
going through redevelopment at a future date. The stub street will not connect this proposed
development to Bakers Acres at this time due to an existing canal and drainage ditch at the
south property line. The applicant will be required by ACHD to provide a road trust deposit
for one half of the cost of building a bridge to cross the canal.
. The proposed North Covenant View Ct. will not be required to be extended as a stub street to
the unplatted parcel to the west, due to a new home which was constructed in direct alignment
of this proposed street.
. The applicant has proposed a 35-foot wide buffer area as a common lot located abutting
Floating Feather Road. Floating Feather Road is designated as an urban collector on the Ada
County Functional Street Classification Map, Eagle City Code Section 8-2A-7 (J)(4)(a)
requires the installation of a buffer that is a minimum of 35-foot wide abutting the road right-
of-way.
Additionally, the Ada County Highway District is requiring the dedication of right-of-way for
Floating Feather Road to satisfy future road widening (70-foot total width of right-of-way for a
collector road).
. A pathway is indicated along the south boundary ofthis site in the 2000 Eagle City
Comprehensive Plan's Transportation! Pathway Network Map #1 of 2. To meet this objective
pathway should be constructed along this boundary. Construction details (i.e. width, specific
location, and surface material) should be reviewed and approved by the Park & Pathway
Committee prior to submittal of the final plat.
. There are two existing dwellings associated with this site. All overhead utilities and associated poles
serving the existing residences shall be removed and placed underground to meet the requirements of
Title 8 & 9. The landscape screening and location of the proposed pump house on Lot 1, Block 1
should be reviewed and approved by the Design Review Board prior to submitting application for the
final plat.
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.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July
5, 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
three (3) individuals (other than the applicant/representative) who felt the layout of the subdivision
and the placement of the sidewalk was consistent to other developments in the area. One of the
individuals was also supportive of the proposed fencing and wanted to see the pathway be installed
on the south side of the canal.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by seven (7) individuals. One of the issues that were noted was that if the lot
configuration were to be changed adjacent to Downing Downs subdivision it would allow for more
density within the development having a transitioning effect outward. Four individuals also
indicated that the homes to be constructed on the proposed lots adjacent to Downing Downs
subdivision would be to close to the property lines and should only be allowed to be one story in
height. Three individuals asked that CC&R's be put in place that would protect the rights of the
individuals living in Downing Downs subdivision to continue to have their livestock. One
individual felt the property should remain zoned A (Agriculture). Four individuals had concerns
regarding livestock issues in Downing Downs subdivision and the effects this development would
have on them.
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the Planning
and Zoning Commission by two (2) individuals who had questions regarding how the drainage
from irrigation in Downing Downs subdivision would be addressed through this subdivision. One
individual had a concern regarding pathways next to the canal and advised the Commission that
the canal companies do not like pathways adjacent to canals. One individual indicated he would
support a pathway on the north side of the canal. He would also like to see the entrance to the
proposed development (Covenant Hill) align with the driveway to the undeveloped parcel to the
north so that collisions could be avoided.
COMMISSION DECISION:
The Commission voted 4 to 0 (Bandy absent) to recommend approval of PP-08-05 for a
preliminary plat for Covenant Hill 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 July 18,2005.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 9, 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 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 six (6) individuals.
Three (3) individuals indicated that the pump house for the pressurized irrigation is located adjacent to
the southern boundary line and were concerned with noise from the pump. Three (3) individuals were
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concerned with the pond located in the southeast comer of the proposed subdivision and were
concerned about mosquitoes. Three (3) individuals with properties in Downing Downs Subdivision
adjacent to this development did not feel that enough buffering was being provided and requested that
the lots be deeper adjacent to their lots. One (1) individual had concerns regarding the street lighting
within the proposed subdivision and requested the lighting meet 'dark sky' style of lighting.
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the City Council
by three (3) individuals who asked that only single story homes be allowed adjacent to Downing
Downs Subdivision. One (1) individual had a concern regarding a pathway on the south side of the
canal and asked if this fits into the overall pathway plan. One (I) individual indicated the sidewalk
proposal is reasonable and although there are more car trips this goes with development.
COUNCIL DECISION:
The Council voted 2 to 0 (Sedlacek abstained, Nordstrom absent) to approve PP-08-05 for a
preliminary plat for Covenant Hill 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 except that the internal streets mav be
permitted as a 33-foot back of curb to back of curb street section as proposed by the applicant and
as approved bv the Ada County Highwav District and Eagle Fire Department.
2. Comply with all requirements of the development agreement for RZ-9-05.
3. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
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.
4. All living trees that do not encroach upon the buildable area of the lot or upon any area planned for
streets and sidewalks shall be preserved, unless removal is permitted by the City Forester. A
detailed landscape plan showing how the trees will be integrated into the landscaping areas (unless
approved for removal by the City Forester and the Design Review Board) shall be provided for
Design Review Board approval prior to the issuance of any building permits.
5. The applicant shall submit a design review application showing: I) proposed subdivision signage,
2) landscape plan showing perimeter fencing (if proposed) and berming, fencing, and planting
details within the required 35-foot wide buffer area along Floating Feather Road, 3) proposed
street trees located within the ten (10') foot wide planting strip adjacent to the interior roads, 4)
screening and architectural details of the irrigation pump house located in Lot 1, Block I and 5)
planting details within the proposed and required landscape islands and knuckles and required
buffers for approval by the Design Review Board prior to City approval of a final plat.
6. All utility poles providing service to the existing structures on the site shall be removed and
service lines shall be buried underground, prior to the issuance of any building permits for the site
(existing distribution lines are not required to be buried.) The applicant shall submit a design
review application showing: 1) proposed subdivision signage. The design review application shall
be reviewed and approved by the Design Review Board prior to the submittal of a final plat.
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7. The applicant shall place a note on the final plat which states that the buffer area abutting Floating
Feather Road and the entry island is to be located within common lots to be owned and maintained
by the homeowner's association except that an alternative method of compliance may be permitted
by the City along the frontage of the existing home planned to be retained on Lot 9, Block 2, (as
shown on the preliminarY plat dated stamped by the City on Julv 20. 2005). Provide a statement in
the CC&R's that one homeowners association in perpetuity shall maintain the common lots.
&,. The developer shall construct a 5-foot wide detached meandering sidewalk within the common lots
and/or right-of-wav abutting Floating Feather Road except along the frontage of the existing home
planned to be retained on Lot 9. Block 2. (as shown on the preliminarY plat dated stamped by the
Citv on Julv 20, 2005). At this location the sidewalk shall be (7') seven-feet wide and may be
attached to the curb and roadway due to topographic constraints along the south side of Floating
Feather Road. aRa 68Hlply witH all aesigR FeElliireHleRts aRe 6ElftskHetiEJR staReares as reElairee BY
tHe ,^.aa CElIfRty HigHway Distri6t.
9. THe appli6aBt SHall Hlest witH tHe Parks aRe PatHway DsvelElpHleftt C8HlHlittee Fer a
re6oHlHlsReatioR Fsgaremg 186ati8R of a patHviay t8 tHe SOlitH Elf tHe pr8pElSea eevelElpHleRt tEl meet
the goals Elf Chapter 9 iR the ,^.mefteee 2000 CslftIlFsReftsive PlaB, .\esptee SeptemBer 14, 2004.
10. The applicant shall delineate building envelopes located on Lots 11-12. Block 1 on the final plat.
11. The residence to be constructed on Lot 11. Block 1. (as shown on the preliminarv plat. date
stamped bv the Citv on Julv 20. 2005). shall be limited to one-story in height (25-feet high
maximum).
12. Any stub street which is expected to be extended in the future shall be provided with a sign
generally stating that, "This street is to be extended in the future"
13. Change Plat note #7 to refer to International Building Code.
14. The developer shall provide a copy of the subdivision CC&R's for review & approval by the City
Attorney prior to approval of the final plat.
15. The developer shall provide an irrigation schedule to be included in the subdivision CC&R's.
16. All existing buildings that will interfere with the proposed roadways or lot lines shall be removed
from the site prior to the City Clerk signing the final plat. Demolition permits shall be obtained
from the City prior to the commencement of any demolition on the site.
17. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
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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. 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.
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 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)
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 front 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 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.
8. 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.
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
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.
10. 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
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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 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 (Le.; 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 fue protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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
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.
15. Should the homeowner's association be responsible for the operation and maintenance of the storm
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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.
18. 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) from 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) 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.
24. Basements in homes in the flood plain are prohibited.
25. 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
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construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
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 May 20, 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 June 20, 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 13,2005. Requests for agencies' reviews were
transmitted on May 23. 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 July 25, 2005.
Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the
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subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
City Code on July 15, 2005.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-08-
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 zoning designation of R-I-DA
(Residential-One dwelling unit/acre with a development agreement).
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle
City Code since the development is consistent with the Comprehensive Plan Land Use Map
designation of Transitional Residential (one dwelling unit/acre within the Middle School
Planning Area) 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 Eagle Water Company. Fire protection will be available from the
Eagle Fire District and fue 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 (excepting Capital Improvement Plan for
parks), 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. The
pathway identified within the Comprehensive Plan extending along Dry Creek Canal along the
southern boundary of this site is expected to be installed on the south side of the canal in the
future; 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 herein.
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DATED this 13th day of September 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
"iLdt.
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