Findings - CC - 2004 - PP-2-04 - Pony Subd No 2/14 Lot/21.55 Acre
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
PRELIMINARY PLAT FOR PONY SUBDIVISION )
NO.2 FOR E. THOMAS AND CONNIE JONES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-2-04
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:
E. Thomas & Connie Jones, represented by Tealey's Land Surveying, are requesting
preliminary plat approval for Pony Subdivision No.2, a 14-lot (9-buildable, 5-common)
residential subdivision. The 21.55-acre re-subdivision of Lots 1-4, Block I, of Pony
Subdivision, is located south of Beacon Light Road, approximately 1500 feet east of North
Ballantyne Lane.
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-2-04 & RZ-2-04 [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
DESIGNA TION DESIGNATION
Existing Residential Estates (up to one RUT (Residential- Ada Pony Subdivision
unit per two acres maximum) County designation)
Proposed No Change R-E (Residential) Residential Subdivision
North of site Residential Rural (up to one RUT & RI (Residential- Single-family
unit per five acres maximum) Ada County designation) dwellings/pasture
South of site Residential Estates (up to one R-E (Residential) Academy Place
unit per two acres maximum) Subdivision
East of site Residential Estates (up to one RUT (Residential - Ada Pony Subdivision
unit per two acres maximum) County designation)
West of site Residential Estates (up to one RUT (Residential - Ada Single-family
unit per two acres maximum) County designation) dwellings/pasture
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. SITE DATA:
Total Acreage of Site - 21.55
Total Number of Lots - 14
Residential - 9
Commercial - 0
Industrial - 0
Common - 5
Total Number of Units -
Single-family - 9
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre ,42-units per acre I-unit per two-acres maximum
Minimum Lot Size 1.81-acres (78,708 s. f.) 1.8-acres (78,408 s. f.)
Minimum Lot Width 204-feet (approx.) 100- feet
Minimum Street Frontage 70-feet 35-feet
Total Acreage of Common Area 2,48-acres (55,118-s. f.) Not required in R-E zone
Percent of Site as Common Area 11.5% 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 will 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 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 9, Block I, 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 a pond
for irrigation water storage located within two common lots (Lots 4 and 9, Block I), and to
construct three landscape islands located within the roadway serving the site (North Big
Sky Way). The total common area within the subdivision will consist of approximately
2,48-acres or 11.5% 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 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.
1. STREET DESIGN:
Private or Public Streets: Public
The applicant is to construct North Big Sky Way extending southerly from Beacon Light
Road, and terminating in a landscaped cul-de-sac within a 52-foot radius right-of-way.
The roadway is to be built within a 78-foot wide right-of-way near Beacon Light Road (to
accommodate the landscape medians) and tapers down to a 50-foot right-of-way near the
cul-de-sac. The streets will be paved in sections ranging in width from 17-foot wide travel
lanes (located on either side of the medians) to 30-feet wide, with abutting I 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 Big Sky Way is a 1,100-foot (approximate) long cul-de-sac terminating in a radius
of 52-feet of right-of-way for turning movements. 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. I V2-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 installed
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 (two letters)
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 6
Land Use
6.5
Goal
To preserve the rural transitional identity.
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
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.
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.
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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
measured from the elevation of the final grade of the adjacent roadway (measured at the
center line) to the top of the proposed berming/fencing. The required buffer area width,
plantings, and fencing are as follows:
Any road designated as a minor arterial on the APA Functional Street Classification Map:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: five
(5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, panelized vinyl fence,
decorative block wall or cultured stone, decorative rock, or similarly designed concrete
wall, or combination thereof shall be provided within the buffer area. The maximum
slope for any berm shall be three feet (3') horizontal distance to one-foot (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 (1') 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 (C) 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
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shall have a cul-de-sac or temporary cul-de-sac. A reserve street may be required
and held in public ownership.
. ECC Section 9-3-2-1 (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.
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 ,42-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 which serve the dual purpose of irrigation water storage as
well as open space for the use of the residents (a minimum amount of open space is not
required in the R-E zoning district). This discussion point is only pertinent in that the
applicant has chosen to include elements to 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.
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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 compared to the larger area in the
vicinity was "piecemeal", 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 two
(2) individuals (other than the applicant/representative) who felt the design of the subdivision was
appealing and are hopeful that the owner of this property and the properties to the north can resolve
long standing irrigation issues in an amicable manner.
COMMISSION DECISION:
The Commission voted 3 to 0 (Crook, Deckers absent) to recommend denial ofPP-2-04 for a
preliminary plat for Pony Subdivision No.2.
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 no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
app lican t/represen tati ve).
D. Oral testimony neither opposed to nor in favor of this proposal was presented to the City Council by
one (1) individual with concerns about the effects of the development on surface water irrigation, and
the potential for a water well to go dry.
COUNCIL DECISION:
The Council voted 3 to 1 (Nordstrom against) to approve PP-2-04 for a preliminary plat for Pony
Subdivision No.2 for E. Thomas and Connie Jones 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.
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2. Comply with all requirements of the Ada County Highway District as noted within the report date
stamped by the City on April 15, 2004.
3. Comply with all conditions of the Farmer's Union Ditch Company, as noted within the letters date
stamped by the City on February 19, 2004, and April 14, 2004. The applicant shall work with the
Ditch Company to provide a fencing material other than chain link. The applicant shall submit a letter
from the Ditch Company approving of the fence material, and a landscape plan showing fencing
details for review and approval by the Design Review Board prior to City approval of a final plat
4. 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.
5. 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.
6. 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.
7. 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.
8. Any utility poles providing service to the existing structures on the site shall be removed, prior to the
issuance of any building permits for the site. All utility service lines serving existing structures and the
building lots shall be placed underground.
9. Any existing building 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.
10. 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.
11. 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.
12. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be
integrated into the open space areas or private lots (unless approved for removal by the City Forester
and the Design Review Board) shall be provided for Design Review Board 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
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commencement of any construction on the site.
13. 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 slope within the northeastern
corner of the site may interfere with the construction of a berm in this area, which may require the
submittal of an alternative method of compliance application. The berm and landscaping shall be
installed prior to the issuance of any occupancy permits within the subdivision.
14. 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 with material as approved by ACHD. The gravel shoulder area shall be
maintained and kept free of weeds and debris.
15. 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 North Big Sky
Way for review and approval by the Design Review Board prior to City approval of a final plat.
16. 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.
17. The applicant shall submit a design review application with a landscape plan showing planting details
for Lots 4 and 9, Block I (common lot), including screening details of the irrigation pump house, 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.
18. Place a note on the final plat and provide 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 Pony No.2 development shall remain under the control of one Homeowner's
Association.
19. 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.
20. 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.
21. 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.
22. 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.
23. All street lighting shall incorporate the principles of "Dark Sky Lighting" to negate the effects of light
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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.
24. 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.
25. 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.
26. The installation of a fire protection sprinkler system is required for all new dwelling units within the
subdivision. The svstem shall be installed prior to the issuance of a Certificate of Occupancy.
27. All structures shall be setback a minimum of 50-feet from the side propertv line (lOO-foot minimum
between structures on abutting lots).
28. All ponds or water amenities to be used for the convevance and storage of irrigation water shall be
lined to prevent leakage. Plans and details of the lining material shall be submitted to the Citv
Engineer for review and approval prior to the City approval of a final plat.
29. The applicant shall keep and maintain for use on the propertv such irrigation water rights as are
reasonably required in order to provide a pressurized irrigation svstem or systems for all lots within the
subdivision. In the event that the applicant desires to transfer, sell or convey for consideration anv
excess water rights (that is, water rights not necessarY to provide an adequate source of irrigation water
for the lots within the subdivision), the applicant shall first submit to Eagle reasonable written
evidence of an agreement to purchase said water rights and the price and complete terms agreed to be
paid therefore. The City of Eagle shall have sixty (60) davs after receipt of said notice within which to
elect. in writing, to purchase such water rights upon the same terms which the applicant is to receive
from said third party purchaser. whereupon the water rights shall be sold to Eagle on such terms and
conditions. each partv being bound thereby. In the event Eagle shall not have given written notice of
its intent to purchase the water rights within the said sixty (60) dav period, the first right of refusal
created hereby shall terminate and the applicant shall be entitled to sell its water rights free of anv right
or claim of right by the Citv of Eagle.
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
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 I.C. 39-118).
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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
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(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
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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 applkable 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.
17. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
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.
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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
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.
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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.
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.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-2-
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 of R-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 the provision for
open space areas 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
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
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g. That based upon agency verification and additional written comments of the Ada
County Highway District, or as conditioned herein, there is adequate public financial
capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the
Council's attention have been adequately addressed by the applicant or will be
conditions of final plat approval as set forth within the conditions of approval above
since Central District Health Department approval regarding the use of septic systems
within the development is required 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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ATTEST:
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Sharon . Bergmann, Eagle City Cler
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