Findings - CC - 2006 - PP-6-05 - Post Mediation/30 Lot/14.6 Acre Site/1835 N Park Ln
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT FOR MOFFAT )
SUBDIVISION FOR CHAD MOFFAT )
POST -MEDIA TIONFINDlNGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-6-05
The above-entitled preliminary plat application came before the Eagle City Council for their post-
mediation action, pursuant to Idaho Code 67-6510, on February 2S, 2006. 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:
Chad Moffat, represented by Eric Cronin, P. E. with The Land Group, LLC, is requesting
preliminary plat approval for Moffat Subdivision, a 30-lot (24-buildable, 6-common)
residential subdivision. The 14.6-acre site is located on the west side of North Park Lane
approximately one-half mile north of Floating Feather Road at IS35 North Park Lane.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on March 24, 2005. A post
mediation submittal was received by the City on February 1, 2006.
C. NOTICE OF PUBLIC HEARING:
Notice of the post-mediation 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 February 10, 2006. 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 6,2006. The property was posted on and requests for agencies' reviews were
transmitted on February 7, 2006, in accordance with the requirements of the Eagle City
Code.
D. HISTORY OF PREVIOUS ACTIONS:
On March 24, 2005, Chad Moffat, represented by The Land Group LLC, requested
preliminary plat approval for Moffat Subdivision. The 14.6-acre, 30-lot subdivision (24-
buildable, 6-common) is located on the west side of Park Lane approximately one-half
mile north of Floating Feather Road.
On September 13, 2005, the City Council voted 4 to 0 to deny the above mentioned
preliminary plat, annexation and rezone applications, based upon the finding that the
proposed development was incompatible with the surrounding uses.
On October 6,2005, the applicant's attorney, Joanne Butler, requested mediation under
Idaho Code Section 67-6510. The Council addressed this request on October IS, 2005,
and agreed to mediation and assigned Council President Bastian as the Council
representati ve.
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On December 15, 2005, a mediation meeting was held between the City and the applicant.
On February 1,2006, after participating in mediation, pursuant to Idaho Code 67-6510,
the applicant submitted a modified preliminary plat for consideration by the City Council.
E. COMPANION APPLICATIONS: A-03-05 & RZ-05-05 [Annexation and Rezone from RUT-
(Ada County designation) to R-2 (Residential - up to two units per acre)].
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential Two RUT (Residential- Ada Vacant
County designation)
Proposed No Change R-2 (Residential) Residential Subdivision
North of site Residential Two RUT (Residential- Ada Residence/Pasture
County designation)
South of site Residential Two RUT (Residential- Ada Residence/Pasture
County designation) and R-E Loch Lomond Subdivision
(Residential Estates)
East of site Residential Two RUT (Residential - Ada Pasture
County designation)
West ofsite Residential Two RUT (Residential- Ada Pasture
County designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. SITE DATA:
Total Acreage of Site - 14.6-acres
Total Number of Lots - 30
Residential - 24
Commercial - 0
Industrial - 0
Common - 6
Total Number of Units - 24
Single-family - 24
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 1.64 2 units per acre maximum
Minimum Lot Size 17,424-square feet (OA-acres) 17,000-square feet (0.39-acres)
(minimum)
Minimum Lot Width 103-feet 75-feet (minimum)
Minimum Street Frontage 43-feet 35-feet
Total Acreage of Common Area lA8-acres 1.46-acres (minimum)
Percent of Site as Common Area 10.1% 10%
*0.85-acres (5.8%) - planter
strip & landscape buffer
*0.63-acres (4.3%) - common
area to include an irrigation
and amenity pond
1. 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.
The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map #1 of
2 designates a pathway to be constructed within the Chevron Pipeline easement
intersecting this site.
Open Space:
Will provide a total of 10.1 % of site as open space/common area.
0.85-acres (5.8%) - planter strip & landscape buffer
0.63acres (4.3%) - common area to include an irrigation and amenity pond
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 into the subdivision from North Park
Lane. The street is to be constructed with five foot (5') wide landscape strips and four
foot (4') wide separated sidewalks on both sides of the roadway. At approximately two
hundred-fifty five feet (255') and one thousand-three hundred and forty feet (1,340') west
of North Park Lane the applicant is proposing stub streets to the parcels located to the
north of the subject site.
Rolled 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.
North Park Lane abutting the eastern boundary of this site in 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': Three (3)
Cul-de-sac Design:
The roadway serving the subdivision consists of one cul-de-sac proposed to be constructed
at 250-feet (approximately) in length and end within a 50-foot radius turn-around.
Sidewalks:
A five foot (5') wide concrete sidewalk is proposed along Park Lane abutting this site.
Four foot (4') wide concrete sidewalks are 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.
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K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Four-foot (4') wide concrete sidewalks are proposed along both sides of the internal
streets, separated from the back of curb by a five-foot (5') wide landscape strip. A Five-
foot (5') wide meandering concrete sidewalk is proposed along North Park Lane abutting
the eastern boundary of the site.
L. PUBLIC USES PROPOSED:
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 - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
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. Comments,
which appear to be of special concern, are noted below:
City Engineer: All comments within the engineer's letter dated February 15,2006, are of special
concern (see attached).
Ada County Highway District
Central District Health
Chevron Pipeline
Department of Environmental Quality
Idaho Power Company
Idaho Department of Transportation
Meridian Joint School District No.2
Ringert Clark, Drainage District No.3
United Water
Q. LETTERS FROM THE PUBLIC: None received to date.
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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 Two, suitable
primarily for single-family residential development within areas that are rural in character.
Residential density of up to two dwelling unit per acre may be considered by the City for this
area.
Chapter 4 Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special
districts provide the basic services of water, sewer, school, police, fire and library
to residents. With Eagle's growing population come the need for increased public
services and the necessity to improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded
play an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside
providers, it must be involved in any plans that will affect the community.
4.3 Goal
c. Maintain a sense of personal safety and security for all residents.
d. Strive to prevent and extinguish fires and aid in other emergencies dealing
with the protection of life or property.
4.4 Objectives
d. To encourage a high standard of fire protection and emergency services
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
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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.
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:
1. 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 are 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.
5. A minimum building setback ordinance resulting in a setback of
approximately 125-feet from the roadway centerline should be considered
to be adopted by the City.
. SOARING 2025 WESTERN AREA PLAN PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
Chapter 5
5.3
Transportation
Implementation Strategies
i. New developments shall be required to stub access to adjacent underdeveloped
parcels, where appropriate.
j. All new developments shall be reviewed for appropriate opportunities to
connect to local roads and collectors in adjacent developments.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-2A-7(J)(4)(a)
Any road designated as an urban or rural collector on the Ada County long range
highway and street map:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of
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way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2) flowering/ornamental trees,
provided that not more than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high. maximum eight foot (S') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided in combination with the berm, a four foot (4') wide flat area
shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
. Eagle City Code 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 shall have a cul-de-sac or
temporary cul-de-sac. A reserve street may be required and held in public ownership.
. Eagle City Code Section 9-4-1-6(F)(1)
Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or at
the building setback line, is over one hundred feet (100'), sidewalks on only one side of
the street may be allowed.
. Eagle City Code Section 9-4-1-9(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 S-2A-7 of this code shall be
required for the protection of residential properties from streets classified as collectors,
arterials, freeways/expressways, waterways, railroad rights of way or other features.
Subdivision plats shall show the location of all buffer areas.
D. DISCUSSION:
. The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map #1 of 2
shows a pathway traveling within the Chevron Pipeline easement that intersects this parcel.
Loch Lamond Subdivision, which the Chevron Pipeline intersects, abuts the southern property
line of this development (the western 246-linear feet of Moffat Subdivision). A 6-foot wide
asphalt pathway was constructed within Loch Lomond Subdivision, along the north side of the
private roadway leading to the westem property line of Loch Lomond Subdivision. Thus the
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pathway does not follow the Chevron Pipeline easement which intersects Moffat Subdivision
near the southern most southeast corner of this development. The applicant should be required
to provide a revised plan showing a lO-foot wide (minimum) asphalt pathway to be located
between Lots 11 and 12, Block 3 and Lots 13, and 14, Block 3, within a 20-foot wide
easement so as to provide a pedestrian connection from this development to any future
development to the east and west. The revised plan should be reviewed and approved by the
Parks and Pathway Development Committee prior to the City Clerk signing the final plat. A
revised plat indicating a 20-foot wide easement between Lots 11 and 12, Block 3 and Lots 13,
and 14, Block 3, 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 April 26, 2005, shows a 4-foot wide
sidewalk to be constructed along the interior roadways of this development. Per Eagle City
Code, 5-foot wide (minimum) sidewalks are required to be constructed on both sides of the
street. The applicant should be required to provide a revised plan showing 5-foot wide
(minimum) sidewalks are to be constructed within the interior roadways of this development.
The revised plan should be reviewed and approved by staff prior to the City Clerk signing the
final plat.
. There is a five acre parcel, with a single family dwelling located adjacent to Park Lane, located
to the south of this site and north of Loch Lomond Subdivision. The applicant is not showing
any stub streets to the undeveloped parcel to the south and Loch Lomond Subdivision was
approved with no stub streets to the five acre parcel. Per Eagle City Code, where adjoining
areas are not subdivided, the arrangement of streets in new subdivision should 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. The applicant should be required to provide a revised plan
showing a stub street to the parcel to the south. The revised plan should be reviewed and
approved by staff and the ACHD prior to the City Clerk signing the final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
The revised plan date February I, 2006 was the subject of a mediation process; therefore, no staff
recommendation was be made.
PUBLIC HEARING OF THE COMMISSION:
The Commission's recommendation is contained in the Findings of Fact and Conclusions of law
dated July IS, 2005. This application was reviewed by the Council after participating in
mediation, pursuant to Idaho Code 67-6510, this application was not reheard by the Commission.
PUBLIC HEARING OF THE COUNCIL:
A. A post-mediation public hearing on the application was held before the City Council on February 2S,
2006, 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 five (5) individuals
who expressed concerns about the compatibility of this development with the surrounding area and
lifestyles; the lack of buffer or transition to other developments; the impact this development will have
on the public roads and schools; and the effects of development upon the sewer and water systems.
C. Oral testimony in favor of this proposal was presented to the City Council by twelve (12) individual
(not including the applicant/representative) who felt this development would compliment the
surrounding area by providing a quality development with smaller lots.
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D. No written testimony in opposition to this proposal was presented to the City Council.
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve PP-6-05 for a preliminary plat for Moffat
Subdivision for Chad Moffat with the following Site Specific and Standard Conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable requirements of the City Engineer.
2. Comply with all applicable requirements of the annexation and rezone applications (A-03-05 and RZ-
05-05).
3. The property shall be annexed into the Eagle Sewer District boundaries prior to the submittal of the
final plat.
4. Comply with all requirements of the Ada County Highway District's, specifically (but not limited to)
roadway design and construction of sidewalks.
5. Provide a revised preliminary plat showing a lO-foot wide (minimum) asphalt pathway to be located
between Lots 8 and 9, Block 3 within a 20-foot wide easement so as to provide a pedestrian connection
from this development to the future development to the east. The revised preliminary plat shall be
reviewed and approved by the Parks and Pathway Development Committee prior to the submittal of
the final plat. A revised plat indicating a 20-foot wide easement between Lots 8 and 9, Block 3 shall
be reviewed and approved by staff prior to the submittal of the final plat.
6. Provide a revised preliminary plat showing note #6 changed to reflect a 12-ft irrigation easement on
the north side lot line.
7. Provide a revised preliminary plat showing 5-foot wide (minimum) sidewalks along both sides of the
interior roadways of this development. The revised preliminary plat shall be reviewed and approved
by staff prior to the submittal of the final plat.
8. Provide a revised preliminary plat showing 8-foot wide (minimum) planter strip area to be constructed
within the interior roadways of this development. The revised preliminary plat shall be reviewed and
approved by staff prior to the submittal of the final plat.
9. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This street is to be extended in the future".
10. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within 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.
11. 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 submittal of the final plat.
12. 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.
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13. Useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos,
and/or similar amenities as determined by the Eagle Design Review Board and 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 and City Council prior to the submittal of the
final plat.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights
will facilitate the "Dark Sky" concept of lighting.
15. 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.
16. The applicant shall install at the entrances to Moffat 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 prior to the
issuance of any building permits.
17. 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,
etc.) is required prior to the submittal of the final plat.
IS. The applicant shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6 a minimum ten (10) foot wide asphalt public pathway in a landscaped strip located
within the Chevron Pipeline easement. The pathway design and surrounding landscaping shall be
reviewed and approved by the Eagle Design Review Board prior to the submittal of the final plat
application(s). The asphalt pathway, excluding the landscaped areas, shall be located in an easement or
easements which shall be dedicated to and accepted by Eagle as provided in Eagle City Code Section
9-4-1-6(E)(2) prior to the submittal of the final plat.
19. All construction details of the pathways within the development (i.e. width, specific location, and
surface material) should be reviewed and approved by the Park & Pathway Committee and the Design
Review Board prior to application for a final development planlfinal plat.
20. Any overhead utilities serving the site shall be located underground.
21. Comply with all conditions of the Chevron Pipeline Company.
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 (1.c. Title 50, Chapter 13 and I.C. 39-11S).
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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-S.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
S. Per Idaho Code, Section 31-3S05, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title 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&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
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
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.
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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 for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City 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.
IS. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the 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
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lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat
by the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
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 March 24, 2005. A post-mediation
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submittal was received by the City of Eagle on February I, 2006
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on April IS, 2005. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on April 12, 2005. Requests for agencies' reviews were
transmitted on March 25, 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 August 29,
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 August 24, 2005.
Notice of the post-mediation 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 February 10, 2006. 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 6, 2006. The property was posted on and
requests for agencies' reviews were transmitted on February 7, 2006, in accordance with the
requirements of the Eagle City Code.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-6-05)
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 density of the approved zoning
designation ofR-2 (Residential); 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 provide the requires 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;
and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served by central sewer from the Eagle Sewer District
and will use public water to be served from United Water. Fire protection will be
available from the Eagle Fire District and fire hydrants will be provided were
required; and
e. Will have vehicular approaches to the property designed to not create an
interference with traffic on surrounding public thoroughfares since the project is
reviewed and approved the highway district having jurisdiction and is subject to
the conditions therein; and
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f. This development is in continuity with the capital improvement program since the
required public improvements have been installed on site, 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 preliminary plat and final plat approval as set forth within the
conditions of approval above.
DATED this 14th day of March 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
AT EST:
~~~"~~
~haron K. Bergmann, Eagle City Cl rk
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