Findings - CC - 2004 - PP-1-04 - Pp/Tanglerose Subd/24.10 Acre/13 Lot
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A PRELIMINARY PLAT FOR TANGLE ROSE )
SUBDIVISION FOR GEORGE CRANDLEMIRE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP.I-04
The above-entitled preliminary plat application came before the Eagle City Council for their action on July
27, 2004, and the item was continued to August 10, 2004. The 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:
George Crandlemire, represented by Tealey's Land Surveying, is requesting preliminary
plat approval for Tanglerose Subdivision, a 13-lot (II-buildable, 2-common) residential
subdivision. The 24.1O-acre development is located on the south side of Beacon Light
Road, approximately 1600 feet west of North Eagle Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on February 5, 2004.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on February 24, 2004. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on February 19,2004. Requests for agencies' reviews were transmitted on February
10,2004, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on July 12, 2004. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67. Chapter 65, Idaho Code and Eagle City Code on July 7,2004.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: (None)
E. COMPANION APPLICATIONS: A-1-04 & RZ-1-04 [Rezone upon Annexation from RUT- (Ada
County designation) to R-E - Residential-Estates - (up to one unit per two-acres
maximum)]
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential Estates (up to one RUT (Residential - Ada Single-family
unit per two acres maximum) County designation) dwelling/pasture
Proposed No Change R-E (Residential) Residential Subdivision
North of site Residential Rural (up to one RUT (Residential- Ada Single-family
unit per five acres maximum) County designation) dwelling/pasture
South of site Residential Estates (up to one R-E (Residential) Ranch Estates Subdivision
unit per two acres maximum)
East of site Residential Estates (up to one RUT (Residential - Ada Thomwood Estates
unit per two acres maximum) County designation) Subdivision
West of site Residential Estates (up to one RUT & RI (Residential- Anacortes Subdivision &
unit per two acres maximum) Ada County designation) Ptarmigan Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. SITE DATA:
Total Acreage of Site - 24.10
Total Number of Lots - 13
Residential - 11
Commercial - 0
Industrial - 0
Common - 2
Total Number of Units - 11
Single-family - 11
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre ,46-units per acre I-unit per two-acres maximum
Minimum Lot Size 1.84-acres (80,054 s. f.) 1.8-acres (78,408 s. f.)
Minimum Lot Width 207-feet (approx.) 100-feet
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area .30-acres (12,942-s. f.) Not required in R-E zone
Percent of Site as Common Area 1.2% Not required in R-E zone
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1. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
As required by Eagle City Code Section 8-2A-7 (1) (4) (b), the applicant is to construct a
fifty-foot (50') wide buffer within a common lot along Beacon Light Road abutting the
northern boundary of the development. The applicant will also install street trees and
grass within a landscape easement and the swale areas abutting the internal roadways
within the development. A pump house located within Lot 6, Block 1. for the pressurized
irrigation system, will be required to be screened from the view of neighboring properties
and the roadways. Berming, fencing and landscaping details are required for Design
Review Board review and approval prior to City approval of a final plat.
Open Space:
In addition to the buffer area along Beacon Light Road, the applicant is to provide open
space located within two landscape islands (common lots), within the roadway serving the
site (North Tanglerose Place). The total common area (not including the buffer) within
the subdivision will consist of approximately .3-acres or 1.2% of the site. Eagle City Code
does not require a minimum area of open space for the R-E zoning district.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
A letter from the Eagle Fire Department recommends denial of the preliminary plat since
central water is not available to the site to enable the installation and use of fire hydrants.
In response to concerns raised by the Eagle Fire Department during the public hearing for
this item, the City Council indicated that a central water system could be extended to this
area, with potential financing through a local improvement district (LID).
On-site Septic System (yes or no) - yes
Preservation of Existing Natural Features:
The parcel has a small number of existing trees located mainly around the existing single-
family dwelling and accessory structures. Eagle City Code Section 9-3-8 (B) states that
existing natural features which add value to residential development and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall be preserved in the design of the subdivision.
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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 is to construct North Tanglerose Place extending southerly from Beacon
Light Road, which will terminate in a cul-de-sac containing a large landscape island. The
roadway is to be built within a 78-foot wide right-of-way near Beacon Light Road (to
accommodate the landscape medians), tapers down to a 50-foot right-of-way, and then
widens to approximately I25-feet to accommodate a landscape island within the cul-de-
sac. The streets will be paved in sections ranging in width from 21-foot wide travel lanes
(located on either side of the median near Beacon Light Road) to 33-feet wide, with
abutting 1 V2-foot wide concrete ribbons and grass-lined borrow ditches on either side.
Applicant's Justification for Private Streets (if proposed): Not allowed
Blocks Less Than 500': None
Cul-de-sac Design:
North Tanglerose Place is an 840-foot (approximately) long cul-de-sac terminating in a
"needle eye" configuration, due to a .27-acre landscape island to be constructed within.
Eagle City Code permits cul-de-sac lengths up to 1,500-feet in the R-E zoning district, if
approved by the Eagle Fire Department.
Curbs, Gutters and Sidewalks:
Beacon Light Road abutting this parcel is currently not improved with any curb, gutter, or
sidewalk. 1 V,-foot wide concrete strips and borrow ditches abutting the internal streets are
to be constructed in-lieu of curbs and gutters to accommodate storm water runoff.
Sidewalks are not proposed within the subdivision; 4-foot wide striped paths on both
edges of the roadways are to be installed. A 5-foot wide meandering concrete sidewalk is
to be constructed along Beacon Light Road abutting the northern portion of this site.
Lighting:
Lighting for the subdivision is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City approving the final plat.
Street Names:
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:
Striped bike and pedestrian walkways along both sides of the roadways are to be
constructed within the subdivision.
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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 - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife - unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An environmental assessment plan is not required.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letter dated March 2, 2004, are of special
concern and are incorporated herein by reference.
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Farmer's Union Ditch Company
Joint School District No.2
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:
. The Comprehensive Plan Land Use Map designates this site as Residential Estates, suitable
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primarily for single-family residential development on acreages that may be in transition from
agricultural to residential use or may combine small-scale agricultural uses with residential
uses. Residential density of up to one dwelling unit per two gross acres may be considered by
the City for this area.
Chapter 8
Transportation
8.6
Implementation Strategies
o. Encourage arterial and collector roadway design criteria consistent with the
rural nature of planned and existing developments generally within the areas
designated on the Land Use Map as Residential Rural (one dwelling unit per
five acres maximum) and Residential Estates (one dwelling unit per two acres
maximum). Such designs should include the following:
I. Vertical Curbs should not be permitted, except where may be required by
ACHD. Where curbs are needed, flat or rolled curbs should be
encouraged.
2. Sidewalks and/or pathways should meander and be separated from any
roadway edge or curb to allow for added pedestrian safety. Topography,
trees, ditches and/or similar features may limit the distance between
sidewalks and/or pathways and the roadway edge. Easements may be
needed if portions of the sidewalk and/or pathway is to be located outside
of the right-of-way.
3. Unless otherwise determined by ACHD to be necessary for public safety,
roadways should be a maximum of two lanes with a center turn lane only
at driveways and/or street intersections that are expected to generate a
minimum of 1000 vehicle trips per day, or where determined to be
necessary for safety by ACHD. Any portion of a center turn lane which is
not used for such a driveway or intersection should be landscaped. Such
landscaped medians would need to be maintained by the City and would
require a license agreement with the highway district having jurisdiction.
4. The roadways should be constructed to provide a bike lane on both sides
of the roadway.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 8-2A-7 (J)(4)(b)
Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high-speed roads. The buffer area shall be defined as the
distance from the outside wall of the lowest story of any single-family attached or
detached dwelling and the right-of-way line of the roadway. The lowest story must be
screened from the view of any street classified as a collector, arterial, freeway, or
expressway. This buffer is required either on individual lots or as an easement, or as part
of the common open space owned and maintained by a homeowners' association. Any
landscaping proposed to be within the public right of way shall not be included as a part of
the buffer area required below. The height for berming/fencing, as noted below, shall be
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measured from the elevation of the final grade of the adjacent roadway (measured at the
centerline) to the top of the proposed berming/fencing. The required buffer area width,
plantings, and fencing are as follows:
Any road designated as a minor arterial on the APA Functional Street Classification Map:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: five
(5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, panelized vinyl fence,
decorative block wall or cultured stone, decorative rock, or similarly designed concrete
wall, or combination thereof shall be provided within the buffer area. The maximum
slope for any berm shall be three feet (3') horizontal distance to one-foot (I ') vertical
distance. If a panelized vinyl fence, decorative block wall, or cultured stone, decorative
rock, or similarly designed concrete wall is to be provided, in combination with the berm,
a four-foot (4') wide flat area at the top of the berm shall be provided for the placement of
the fence or decorative block wall. Panelized vinyl fencing shall be no higher than four
feet (4'). Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted.
The five foot (5') minimum height requirement for the berming/fencing shall be permitted
to be decreased one foot (I') for every thirteen feet (13') of additional buffer area added to
the fifty foot (50') wide buffer noted above.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. ECC Section 9-3-2-1 (G) (2) CUL-DE-SAC STREETS:
In zoning districts which prohibit densities greater than one dwelling unit per two
(2) acres, cul-de-sac streets up to a maximum of one thousand five hundred feet
(1,500') in length may be permitted by the City if approved by the Fire
Department and the highway district having jurisdiction. No more than twenty
(20) dwelling units shall be permitted on said cul-de-sac.
. ECC Section 9-3-6 (A) EASEMENTS, states in part:
Total easement width shall not be less than twelve feet (12').
. ECC Section 9-4-1-6 (F) (6) SIDEWALK DESIGN:
In zoning districts which prohibit densities greater than one dwelling unit per two
(2) acres and at the council's discretion, a four foot (4') wide striped path (with
pedestrian designation markings such as diamonds or pedestrian/bicycle symbols)
on both edges of all internal roadways may be permitted in lieu of constructing
sidewalks. Trees shall be placed within five feet (5') of the edge of roadway.
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D. DISCUSSION:
. The Comprehensive Plan Land Use Map designates this site as Residential Estates (up to one
unit per two-acres maximum). The applicant is proposing .46-units per acre.
. The proposed design of this subdivision complies with the technical requirements (or will
pursuant to the conditions outlined herein) of Eagle City Code and includes aesthetic features
such as landscaped common lots providing open space for the use of the residents (a minimum
amount of open space is not required in the R-E zoning district). The applicant has chosen to
include elements within the development beyond that which are characteristic of a typical
subdivision located within the R-E zoning district.
However, the Eagle Fire Department's letter of February 12, 2004, states that the Department
cannot recommend approval of the subdivision without a municipal water system to provide
adequate water pressure to fire hydrants for fire protection. While it may not be impractical to
bring water to this site, the timing, expense and willingness of a developer to bring the water
to the site is not certain. Further, the recommendation of denial of a subdivision from a
service and safety provider leaves some doubt as to the capability of a parcel to be developed
in the immediate future. In order to recommend approval of a subdivision, staff must be able
to conclude that a proposed preliminary plat application is in accordance with the City of
Eagle Title 9 (Subdivisions) and that service and safety issues have been adequately
addressed. Although the design of the subdivision complies with Eagle City Code and the
Comprehensive Plan, considering the information provided to date, staff cannot reach the
conclusion that residents of the development will be provided with adequate fire protection
and recommends denial of the application as proposed.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends denial of the requested
preliminary plat. If the applicant is able to satisfy the requirements of the Eagle Fire Department,
the site specific conditions of approval and the standard conditions of approval provided within the
staff report should apply.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April
19,2004, at which time testimony was taken and the public hearing was continued to June 14,2004.
The Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by two (2) individuals who felt that the development of the property in comparison to the larger area in
the vicinity was "piecemeal", the entire area surrounding this development should be annexed, the
need of the developer to be better prepared with regard to having no approvals from Central District
Health and the Eagle Fire Department, the development was not creatively designed, there is a need to
look at connectivity, and the need to consider the effects of increased traffic on the roadways.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
D. Oral testimony neither opposed to nor in favor of this proposal was presented to the Planning and
Zoning Commission by one (1) individual who felt the issue of fire protection could be satisfied with
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greater separation between the structures and well-maintained landscaping.
COMMISSION DECISION:
The Commission voted 3 to 0 (Crook, Deckers absent) to recommend denial of PP-I-04 for a
preliminary plat for Tanglerose Subdivision.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 27, 2004, and the item
was continued to August 10, 2004, at which time testimony was taken and the public hearing was
closed. The Council made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by the Eagle Fire
Department Fire Marshall who stated that due to the lack of a central water system in the area, and thus
no provision for fire hydrants, there is not adequate water pressure to provide adequate fire protection
for dwellings within the proposed subdivision. The Eagle Fire Department does not inspect residential
sprinkler systems, which are designed for life and safety purposes rather than for property
conservation. The International Fire Code is subject to interpretation and while other fire departments
may view the Code differently, the State Fire Marshall concurred with the Eagle Fire Department's
interpretation in this matter.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
COUNCIL DECISION:
The Council voted 3 to I (Nordstrom against) to approve PP-I-04 for a preliminary plat for
Tanglerose Subdivision for George Crandlemire with the following staff recommended site
specific conditions of approval and standard conditions of approval, with text shown with
underline to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all requirements of the City Engineer.
2. Comply with all requirements of the Ada County Highway District as noted within the Commission
report dated March 9, 2004.
3. Construct a 5-foot wide (minimum) meandering concrete sidewalk along Beacon Light Road abutting
the site, generally located as shown on the preliminary plat date stamped by the City on February 5,
2004.
4. Revise the final plat to either add a note or delineate utility easements along the front and rear property
line of each lot to be a minimum of 12-feet wide.
5. Revise the final plat to either add a note or delineate utility easements along side lot lines to be a
minimum of 6-feet wide on either side of the lot line.
6. Revise the final plat to delineate a 50-foot wide landscape easement along Beacon Light Road abutting
this site.
7. Place a note on the final plat which states that the 50-foot wide landscape easement along Beacon
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Light Road is to be maintained by the homeowner's association. Provide a statement in the CC&Rs
that one homeowners association in perpetuity shall maintain the easement. The CC&Rs shall be
reviewed and approved by the City Engineer prior to the City Clerk signing the final plat
8. Delineate an easement on the final plat to encompass the pond and pump house located on Lots 6 and
7, Block 1. The plat note and a clause in the CC&Rs shall generally state that the easement is for
access and maintenance of the pond and irrigation facilities.
9. Submit, with the final plat, a striping plan showing a 4-foot wide path striped on both edges of all
roadways within this site. The plan shall include pedestrian designation markings such as diamonds or
pedestrian/bicycle symbols to be included with the striped areas.
10. All utility poles providing service to the site shall be removed, prior to the issuance of any building
permits for the site. All utility service lines serving the building lots shall be placed underground.
11. The swales (borrow ditches) along both sides of the roadways within this subdivision shall have a
maximum slope of 4: I (or as approved by the Ada County Highway District), planted with grass seed
or sod and shall be maintained by the homeowners association.
12. 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 on the side lot lines, or as approved by the Design Review
Board and within five-feet (5') of the edge of the roadway. Prior to the City Clerk signing the final
plat, 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
within the swales (borrow ditches). 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.
13. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
determined otherwise 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 review and approval prior
to the submittal of a final plat. 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.
14. The applicant shall provide a landscape plan showing berming, fencing, and planting details within the
required 50-foot wide buffer area along Beacon Light Road abutting this site for review and approval
by the Design Review Board, prior to City approval of a final plat. The berm and landscaping shall be
installed prior to the issuance of any occupancy permits within the subdivision.
15. Extend the landscaping within the buffer area along Beacon Light Road 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.
16. The applicant shall submit a design review application showing any proposed subdivision signage and
a landscape plan showing planting details within the proposed landscape islands located at the
intersection of Beacon Light Road and North Tanglerose Place and within the cul-de-sac for review
and approval by the Design Review Board prior to City approval of a final plat.
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17. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site, prior to the City Clerk signing the final plat.
18. The applicant shall submit a design review application with a landscape plan showing planting details
and screening details for the irrigation pump house (located on Lot 6, Block I), for review and
approval by the Design Review Board prior to City approval of a final plat. The pump house shall be
located to comply with all required setbacks for the R-E zoning district.
19. Place a note on the final plat and a clause in the CC&Rs that requires one homeowners association to
maintain in perpetuity all common lots located within the development. The applicant shall provide a
copy of the CC&Rs for review and approval, prior to the City Clerk signing the final plat. The entire
Tanglerose development shall remain under the control of one Homeowner's Association.
20. Provide a clause in the CC&Rs that requires one homeowners association to maintain in perpetuity all
swales (borrow ditches) located within the development. The clause shall further state that the swales
(borrow ditches) are not to be filled with soil or other material that would block proper drainage. The
applicant shall provide a copy of the CC&Rs for review and approval, prior to the City Clerk signing
the final plat.
21. 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.
22. Provide a letter from the Farmer's Union Canal Company approving of any construction plans
involving the relocation or construction of irrigation facilities currently accessing the site and under the
purview of the Company, prior to the City Engineer signing the final plat.
23. Submit construction drawings to the City Engineer for review and approval of any irrigation facility
not under the purview of the Farmer's Union Canal Company to ensure the irrigation facilities are
designed and constructed correctly to provide uninterrupted delivery of irrigation water to downstream
users.
24. All street lighting shall incorporate the principles of "Dark Sky Lighting" to negate the effects of light
pollution. The applicant shall submit cut sheets showing street lighting details for review and approval
by the Zoning Administrator prior to the submittal of a final plat.
25. 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.
26. 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.
27. The installation of a fire protection sprinkler system is required for all dwelling units within the
subdivision. The system shall be installed prior to the issuance of a Certificate of Occupancy.
28. All structures shall be setback a minimum of 50-feet from the side property line (lOO-foot minimum
between structures on abutting lots).
29. All ponds or water amenities to be used for the conveyance and storage of irrigation water shall be
lined to prevent leakage. Plans and details of the lining material shall be submitted to the City
Engineer for review and approval prior to the Citv approval of a final plat.
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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. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and 1.c. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&Rs shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
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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.
II. 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
(I) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service and
as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed by the
Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed 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
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed by the Eagle City
Attorney prior to the City Engineer signing the final plat.
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.
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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.
26. 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.
27. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
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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.
28. 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.
29. 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.
30. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on February 5, 2004.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on February 24, 2004. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on February 19, 2004. Requests for agencies' reviews
were transmitted on February 10, 2004, in accordance with the requirements of the Eagle City Code.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-I-
04) 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 density of the approved zonIng
designation ofR-E (Residential-Estates); and
b. Will be harmonious with and in accordance with the general objectives of title 9 of the
Eagle City Code since the development is consistent with the Comprehensive Plan and
provides the required improvements for a subdivision, including open space areas that
are beyond that which are characteristic of a typical subdivision located within the R-
E zoning district; and
c. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such use will not change the essential character of the same area,
since the proposed lot sizes and residential uses are similar to the existing land uses in
the vicinity of this parcel; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the developer will be required to dedicate right-of-way and construct a
public road at the developer's expense and the site will be served by septic systems
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that must be approved by Central District Health and installed at the property owner's
expense; and
e. Will have vehicular approaches to the property designed to not create an interference
with traffic on surrounding public thoroughfares since the project is required to be
reviewed and approved the Ada County Highway District and is subject to the
conditions herein; and
f. There are no known capital improvement programs for which this development would
prevent continuity; and
g. This development is in continuity with the capital improvement program since the
required public improvements are required as conditioned herein, or are expected to
be installed with the development of individual lots as conditions of approval; and
h. That any health, safety and environmental problems that were brought to the
Council's attention have been adequately addressed by the applicant or will be
conditions of final plat approval as set forth within the conditions of approval above
since Central District Health Department approval regarding the use of septic systems
within the development is required prior to the City Engineer signing the final plat. In
addition, each building will be required to have increased separation from buildings
on adjacent parcels and sprinkler systems are to be installed in each new dwelling for
fire protection as conditions of occupancy. Regarding the concerns of the lack of a
central water system raised by the Eagle Fire Department during the public hearing for
this item, the City Council indicated that a central water system could be extended to
this area upon the approval of a local improvement district (LID), although no plans
have made at this time to initiate such a funding program.
DATED this 14th day of September 2004.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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