Findings - CC - 2005 - PP-12-05 - Gladstone Subd/6.92 Acre/23-Lot/2511 E Hill Road
BEFORE THE EAGLE CITY COUNCIL
OR\G\NAL
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT FOR
GLADSTONE SUBDIVISION FOR
GEMS TAR DEVELOPMENT, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-12-0S
The above-entitled preliminary plat application came before the Eagle City Council for their action on
December 13, 2005. 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:
Gemstar Development, LLC, is requesting preliminary plat approval for Gladstone
Subdivision. The 6.92-acre, 23 lot (17 buildable, 6 common) subdivision is located on the
south side of East Hill Road approximately I.IOO-feet west of State Highway 55 at 2511 East
Hill Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 8,2005.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on September 26, 2005. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on September 28,2005. Requests for agencies' reviews were transmitted on
September 14, 2005, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on November 28, 2005. Notice of this public hearing was mailed to property
owners within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November 23,
2005.
D. HISTORY OF PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: RZ-I7-05 [Rezone from R-3 (Residential- up to three units per
acre maximum) to R-4-DA (Residential - with development agreement - 2.46-units per
acre 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 Three R-3 (Residential) N on -conforming
use/pasture
Proposed No Change R-4-DA (Residential with Residential Subdivision
development agreement)
North of site Residential One R-I (Residential) Single family residential
South of site Residential Four R-4 (Residential) Great Sky Subdivision
East of site Mixed Use MU (Mixed Use) Office/residential
West of site Residential Four R-4 (Residential) Chaumont Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. SITE DATA:
Total Acreage of Site - 6.92-acres
Total Number of Lots - 23
Residential - 17
Commercial - 0
Industrial - 0
Common - 6
Total Number of Units - 17
Single-family - 17
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.46-dwelling units per acre (as 2.46-units per acre
conditioned within the
development agreement)
Minimum Lot Size 8,050-square feet (0.I8-acres) 8,000-square feet (0. 1 8-acres)
(minimum)
Minimum Lot Width 70-feet 70-feet (minimum)
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area 2.05-acres 0.69-acres (minimum)
Percent of Site as Common Area 29% (1.99-acres)* 10%
*Note: Does not include planter strips, storm drain lots, the non-buildable lot - Lot 1. Block I. or the landscape islands
within the public right-of-way.
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (1) (4) (a) requires a minimum 35-foot wide landscape
buffer area between urban or rural collectors and new residential developments.
Open Space:
Will provide a total of 29% of common area of which 10% minimum is required.
1.99-acres (29%) which does not include planter strips, storm drain lots, the non-buildable
lot - Lot 1, Block 1, or landscape islands within the public right-of-way.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance has submitted street drainage
plans. Specific drainage system plans are to be submitted to the City Engineer for review
and approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - No
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Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
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:
The applicant has proposed one public roadway that connects East Halsey Drive within
Chaumont Subdivision to South Poplar Bluff A venue within Great Sky Subdivision. A
ninety foot (90') long cul-de-sac is proposed on the southwest side of South Poplar Bluff
Avenue. The street and cul-de-sac will be constructed with eight foot (8') wide landscape
strips and five foot (5') wide separated sidewalks on both sides of the roadway.
Standard rolled or six inch (6") vertical curb and gutter are proposed to be constructed
along all internal roadways with vertical curb and gutter adjacent to the landscape islands
located within the internal roadways.
Hill Road abutting the northern boundary of this site is not improved with any curb, gutter,
or sidewalk. Eagle City Code as well as ACHD Policy Standards require vertical curb and
gutter to be constructed on collector and arterial roadways upon the development of
adjacent parcels.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
The roadway serving the subdivision consists of one cul-de-sac proposed to be constructed
at 90-feet (approximately) in length and end within a 50-foot radius turn-around.
Sidewalks:
A five foot (5') wide concrete sidewalk is proposed within the subdivision.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Five-foot (5') wide concrete sidewalks are proposed along both sides of the internal
streets, separated from the back of curb by an eight-foot (8') wide landscape strip. No
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sidewalk has been proposed along East Hill Road abutting the northern boundarv of the
site.
L. PUBLIC USES PROPOSED:
A five-foot (5') wide pedestrian pathway is proposed along the western edge of the New
Dry Creek Canal.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - yes
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report and 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 October 31, 2005, are of special
concern (incorporated herein by reference).
Ada County Highway District
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
Meridian Joint School District No.2
United Water Company
Q. LETIERS FROM THE PUBLIC:
Letter from George Taylor, date stamped by the City on October 7, 2005 (incorporated
herein by reference).
Letter from Linda Schrader, date stamped by the City on October 18, 2005 (incorporated
herein by reference).
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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 Three, suitable
primarily for single-family residential development within an urbanized setting. Residential
density of up to three dwelling unit per acre may be considered by the City for this area.
Chapter 8 Transportation
8.3.0 City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and Lanes.
The City of Eagle Transportation/Pathway Network Maps #1 and #2 illustrates the
various classifications and locations which are included in the pathway system
and described as follows:
8.3.1 Paths
Location:
Paths could be located on corridors separated from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
8.6 Implementation Strategies
r. Encourage planning of local roadway systems which will provide for intra-
neighborhood connectivity. The connection roadways should be designed to
not become collectors and to discourage traffic from cutting through
neighborhoods to go from a collector or arterial to another collector or arterial.
Such intra-neighborhood connectivity is for emergency and delivery vehicles
and for local intra-neighborhood access.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-2A-6(G)(6)
Street
Hill Road
Boundaries
Spacing (Each
Side Of Street)
300 feet (staggered)
Edgewood Lane to New Highway 55
. Eagle City Code Section 8-2A-6(G)(8)
Bollard style pedestrian lighting shall be required along all pathways not illuminated by
street and/or site lighting.
. Eagle City Code Section 8-2A-7(J)(4)(a)
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
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than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chain link, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 9-4-I-6(A)
Intent: The placement of pathways is intended to encourage nonmotorized forms of travel,
and to provide safe, convenient and aesthetic alternative travel routes to common
destinations such as schools, parks, shopping centers, etc. The following factors will be
considered in the placement of any pathway: the utility and need for a given pathway,
impacts to existing neighborhoods, compliance with the transportation/pathway network
maps within the comprehensive plan, pathway design as it relates to both crime prevention
and function, and the responsibilities of ownership, maintenance, and liability.
. Eagle City Code Section 9-4-I-6(D)(6)
In order to design for crime prevention the following design standards will be followed:
a. The use of "see through" fencing is preferred, as it provides better visibility from
adjacent homes or buildings. If solid fencing is used it may not exceed four feet (4') in
height.
b. Adequate lighting may be provided as determined by Eagle City Council and may
be owned and maintained by the City of Eagle once the path is turned over to the City
for maintenance.
. Eagle City Code Section 9-4-I-6(F)( 4)
Trees shall be placed at the front of each lot generally located on each side lot line. Minor
variations to the location of a tree may be considered by the design review board during
the review of the subdivision landscape plan.
. Eagle City Code Section 9-4-I-9(A)
Construction; Extension: All public water supply or sewer systems (serving 2 or more
separate premises or households) shall be constructed in accordance with any adopted
local plans and specifications. All new public water supply or sewer systems shall be an
extension of an existing public system whenever possible. In the event that the proposed
public water supply or sewer system is not an extension of an existing public system, there
shall be a showing by the subdivider that the extension is not feasible and not in the best
interest of the public.
. Eagle City Code Section 9-4-1-12
LANDSCAPE BUFFER AREAS:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be
required for the protection of residential properties from streets classified as collectors,
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arterials, freeways/expressways, waterways, railroad rights of way or other features.
Subdivision plats shall show the location of all buffer areas.
D. DISCUSSION:
. Currently this site is used as a pasture and has a non-conforming commercial use within the
structure located on this site. With the development of this site the non-conforming use will
be removed and replaced with a twenty three (23) lot residential subdivision (seventeen (17)
buildable and six (6) common lots). The development will connect East Halsey Drive located
within Chaumont Subdivision to South Poplar Bluff Avenue located within Great Sky
Subdivision. The Ada County Highway District is requiring this development to connect to
the existing stub streets within Chaumont Subdivision and Great Sky Subdivision with no
direct lot access being permitted to East Hill Road.
The proposed development provides lots ranging from 8,050-square feet to I7,325-square feet
in size. This will be compatible with the existing developments (Chaumont and Great Sky
Subdivisions) to the west and south of this development. The applicant is requesting an R-4
zoning designation to accommodate the smallest lot size being created; however, the
development agreement associated with the rezone for this site will limit the density of the
entire development to 2.46-units per acre. All lots meet the minimum lot size in the R-4 zone;
8,000 square feet (smallest lot is 8,050).
· The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map #1 of 2
shows a pathway traveling within the New Dry Creek Canal easement that intersects this
parcel. The applicant is proposing to construct a five foot (5') wide pathway along the south
side of the canal from the south property line to the west property line or this site. It is the
applicants desire to use the New Dry Creek Canal as an amenity in its self for the future
residences of this development to view the existing wildlife and vegetation along the canal. A
four foot (4') high wrought iron fence will be required for all lots that abut Lot 2, Block 1 of
this development. The applicant should be required to obtain written approval from the New
Dry Creek Canal Company or representing company permitting a five foot (5') wide pathway
to be constructed within their easement. The written approval from the New Dry Creek Canal
Company or representing company should be submitted to the City prior to the City Clerk
signing the final plat.
The applicant should be required to provide provisions within the CC&R's requiring a plan
and schedule for the future repair and maintenance of the pathway and canal banks within the
New Dry Creek Canal easement. The CC&R's should be reviewed and approved by the City
Attorney prior to the City Clerk signing the final plat.
. The preliminary plat date stamped by the City on September 8,2005, indicates a ten foot (10')
wide planter strip is to be located between the back of curb and the five foot (5') wide
sidewalk. It is the applicants desire to reduce the ten foot (10') wide planter strip down to an
eight foot (8') wide planter strip which still meets the minimum planter strip width adopted by
the City Council. The applicant should be required to provide a revised preliminary plat
showing the planter strips to be a minimum of eight feet (8') wide. The revised preliminary
plat should be reviewed and approved by staff prior to the City Clerk signing the final plat.
. The preliminary plat date stamped by the City on September 8,2005, indicates Lot 1, Block I,
is a 7,390-square foot lot which does not comply with the minimum lot size of 8,000-square
feet within an R-4 zone. The applicant should be required to provide a revised preliminary
plat showing Lot 1, Block 1, to be a minimum of 8,000-square feet. The revised preliminary
plat should be reviewed and approved by staff prior to the City Clerk signing the final plat.
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. Note 7 of the preliminary plat date stamped by the City on September 8, 2005, indicates Lot I,
Block 1, is to be a non-buildable lot and be retained by the developer. The applicant should be
required to provide provisions within the CC&R's requiring Lot I, Block I, to be maintained
in accordance with the common area lots of this development until such time the City reviews
and approves this lot as apart of another development. The CC&R's should be reviewed and
approved by the City Attorney prior to the City Clerk signing the final plat.
. Lot 2, Block 2, as shown on the preliminary plat date stamped by the City on September 8,
2005, is a double fronting lot on South Poplar Bluff Avenue and East Gladstone Court. The
applicant should be required to provide a revised preliminary plat showing Lot 2, Block 2,
fronting only East Gladstone Court. The revised preliminary plat should be reviewed and
approved by staff prior to the City Clerk signing the final plat.
. The sidewalks within Chaumont Subdivision and Great Sky Subdivision are five foot (5')
wide attached sidewalks. The five foot (5') wide sidewalks within this development are
proposed to be separated by an eight foot (8') wide planter strip. The applicant should be
required to provide a revised preliminary plat showing how the five foot (5') wide separated
sidewalks will transition to the attached five foot (5') wide sidewalks within the adjacent
developments. The revised preliminary plat should be reviewed and approved by staff prior to
the City Clerk signing the final plat.
. Per the Ada County Highway District report date stamped by the City on November 2, 2005,
Hill Road is scheduled to be improved with three lanes with curb, gutters, and sidewalks and
bike lanes between State Highway 55 to Edgewood Lane. The Ada County Highway District
is requiring the applicant to provide a road trust deposit for the cost of curb, gutter, sidewalk,
and pavement widening for two hundred eighty-three (283) linear feet. Although these
improvements are scheduled to be constructed within four (4) years, it is staff's opinion that a
five foot (5') wide asphalt pathway should be constructed along the frontage of this
development until Hill Road is improved. The applicant should be required to provide a
revised preliminary plat showing a five foot (5') wide asphalt pathway along the entire
frontage of this development along Hill Road. The revised preliminary plat should be
reviewed and approved by staff prior to the City Clerk signing the final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 8, 2005, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by four (4) individuals who expressed concerns about the compatibility of this development with the
surrounding area and lifestyles; and the impact this development will have on the public roads within
the adjacent developments.
C. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by one (1) petition from Chaumont Subdivision regarding the increased traffic through
Chaumont Subdivision and Great Sky Estates Subdivision and the compatibility of this development
with the surround area and lifestyles.
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COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of PP-I2-05 for a preliminary
plat for Gladstone Subdivision with the site specific conditions of approval and standard
conditions of approval shown within their Findings of Fact and Conclusions of Law document
dated November 22,2005.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on December 13, 2005, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in 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).
COUNCIL DECISION:
The Council voted 3 to 0 (Guerber absent) to approve PP-12-05 for a preliminary plat for
Gladstone Subdivision for Gemstar Development, LLC, with the following Planning and Zoning
Commission recommended site specific conditions of approval and standard conditions of
approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all applicable requirements of the City Engineer.
2. Comply with all applicable requirements of the rezone application and development agreement (RZ-
17 -05).
3. Comply with all requirements of the Ada County Highway District, specifically (but not limited to)
roadway design and construction of sidewalks.
4. A four foot (4') high wrought iron fence shall be required for all lots that abut Lot 2, Block I of this
development.
5. Provide a revised preliminary plat showing the planter strips to be a minimum of eight feet (8') wide.
The revised preliminary plat shall be reviewed and approved by staff prior to the City Clerk signing the
final plat.
6. Provide a revised preliminary plat showing Lot 1, Block 1, to be a minimum of 8,000-square feet. The
revised preliminary plat shall be reviewed and approved by staff prior to the City Clerk signing the
final plat.
7. Provide provisions within the CC&R's requiring Lot 1, Block I, to be maintained in accordance with
the common area lots of this development until such time the City reviews and approves this lot as part
of another development. The CC&R's shall be reviewed and approved by the City Attorney prior to
the City Clerk signing the final plat.
8. Provide a revised preliminary plat showing Lot 2, Block 2, fronting only East Gladstone Court. The
revised preliminary plat shall be reviewed and approved by staff prior to the City Clerk signing the
final plat.
9. Provide a revised preliminary plat showing how the five foot (5') wide separated sidewalks will
transition to the attached five foot (5') wide sidewalks within the adjacent developments. The revised
preliminary plat shall be reviewed and approved by staff prior to the City Clerk signing the final plat.
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10. Provide a revised preliminary plat showing a five foot (5') wide asphalt pathway along the entire
frontage of this development along Hill Road or alternative of compliance as deemed appropriate by
the Design Review Board. The revised preliminary plat shall be reviewed and approved by staff prior
to the City Clerk signing the final plat.
11. Extend the landscaping within the buffer along East Hill Road to within nine feet (9') from the edge of
pavement. The nine feet (9') 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.
12. Provide a license agreement from ACHD approving the landscaping located with the public right-of-
way of East Hill Road abutting the site, prior to the City Clerking signing the final plat.
13. The CC&R's for the Gladstone Homeowner's Association shall provide that the association shall have
the duty to maintain and operate all of the common landscape areas in the subdivision in a competent
and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees. The
CC&R's shall be reviewed and approved by the City Attorney prior to the City Clerk signing the final
plat.
14. The applicant shall submit a landscape plan showing planting details and amenities to be located
within all the common areas within Gladstone Subdivision. The landscape plan and amenities shall be
reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat.
15. 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 the development.
Trees shall be placed at the front of each lot generally at each side property line, or as approved by the
Design Review Board. The trees shall be located within the landscape strip between the concrete
sidewalk and back of curb abutting all interior streets. Prior to the City Clerk signing the final plat for
each phase, the applicant shall either install the required trees, sod, and irrigation or provide the City
with a letter of credit for 150% of the cost of the installation of all landscape and irrigation
improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A
temporary occupancy may be issued if weather does not permit landscaping.
16. Provide detailed building elevations of any structures proposed to house the pressurized irrigation
pump. The detailed elevations, colors and materials shall be reviewed and approved by the Design
Review Board prior to the City Clerk signing the final plat.
17. Useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos,
and/or similar amenities as determined by the City Council shall be provided within the open space
areas. Landscape plans showing open space amenities shall be reviewed and approved by the Design
Review Board, prior to the City approving a final plat.
18. 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 development plan and final plat. The plans shall
show how the streetlights will facilitate the "Dark Sky" concept of lighting.
19. 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.
20. The applicant shall install at the entrances to Gladstone Subdivision 4' x 4' plywood or other hard
surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
21. Design Review Board approval for the landscaping of the entire site (including useable common area
amenities, subdivision signage, street trees, existing trees, pathways, buffer areas, perimeter fencing,
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etc.) is required prior to the approval of a final plat.
22. 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.
23. Any overhead utilities serving the site shall be located underground.
24. All street names shall comply with the requirements of the Ada County Street Naming Committee.
25. The applicant shall work with the Ada County Highway District to provide traffic calming measures to
mitigate the impact of through traffic within the adjacent developments. Written recommendations
from the Ada County Highway District shall be submitted to the City prior to the City Clerk signing
the final plat. Traffic calming measures shall be installed prior to the City accepting building permit
within this development.
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. Department of Environmental Quality 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).
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. PerIdaho 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-I-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.
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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
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service and
as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
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Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. 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.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
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27. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
28. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 8, 2005.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on September 26,2005. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on September 28,2005. Requests for agencies'
reviews were transmitted on September 14, 2005, in accordance with the requirements of the Eagle
City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on November 28,
2005. Notice of this public hearing was mailed to property owners within three-hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on November 23, 2005.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-I2-
05) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zoning designation of R-4-
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DA (Residential with development agreement - 2.46-units per acre maximum); 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; and
c. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such use will not change the essential character of the same area,
since the proposed residential use is in accordance with the residential land use
designation of this area shown within the Comprehensive Plan and since the proposed
lot configurations, as well as the intent to develop the site with single family
dwellings, is commensurate to the surrounding development.; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served with central sewer from the Eagle Sewer District.
Fire protection is available from the Eagle Fire District; 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. This development is in continuity with the capital improvement program since the
required public improvements are required as conditioned herein, and previously have
been or are expected to be installed with the development of individual lots as
conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle
Fire Department and the Ada County Highway District, or as conditioned herein, there
is adequate public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the
Council's attention have been adequately addressed by the applicant or will be
conditions of the preliminary plat approval as set forth within the conditions of
approval above.
DATED this 10th day of January 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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'-"'Sharon . Bergmann, Eagle City C rk
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