Findings - PZ - 2006 - A-02-06/RZ-02-06/PP-03-06 - A/Rz From Rut To R-E-Da/Thompson Acres Subd/37-Lot/73.53 Acre/1425 E Beacon Light Rd
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION, REZONE, AND )
PRELIMINARY PLAT FOR THOMPSON ACRES )
FOR PATRIOT CAPITAL PARTNERS, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-02-06/RZ-02-06/PP-03-06
The above-entitled Annexation, Rezone, and Preliminary Plat applications came before the Eagle Planning
and Zoning Commission for their recommendation on May I, 2006, at which time public testimony was
taken and the public hearing was closed. The Eagle Planning and Zoning Commission, 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:
Patriot Capital Partners, LLC, represented by Bart Longson, is requesting an annexation
and rezone from RUT (Rural Urban Transition) to R-E-DA (Residential Estates I-unit per
2 acres with a Development Agreement), and preliminary plat approval for Thompson
Acres subdivision, a 37-lot (32-buildable, 5-common) subdivision. The 73.53-acre site is
generally located on the south side of Beacon Light Road between Los Luceros Drive and
Edgewood Road at 1425 East Beacon Light Road.
B. APPLICATION SUBMITTAL:
The annexation and rezone applications for this item were received by the City of Eagle on
February 16, 2006. The preliminary plat application for this item was received by the City
of Eagle on March 2, 2006.
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 April 17, 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 April 4, 2006. Requests for agencies' reviews were transmitted on March 3,
2006 in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on April 19,2006. Requests for agencies' reviews
were transmitted on February 21,2006, for the annexation/rezone and on March 3,2006,
for the preliminary plat application, both in accordance with the requirements of the Eagle
City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: NA
E. COMPANION APPLICATIONS: NA
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
See applicant's justification letter date stamped by the City on February 16, 2006
(attached to the staff report).
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G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Estates (I RUT (Rural Urban Transition- Single Family Dwelling &
unit per 2 acres) Ada County Designation) Pasture
Proposed Residential Estates (I R-E-DA (Residential Estates I Single Family, Residential
unit per 2 acres) unit per 2 acres with a Development
development agreement)
North of site Rural Residential (I unit RUT (Rural Urban Transition- Single family residential
per 5 acres) Ada County Designation) subdivision (Beacon Light
Estates)
South of site Floodwayand R-2 DA P (Residential Two - 2 Single family residential
Residential Two (up to 2 units per acre with a subdivision- Varied lot
units per acre) Development Agreement and sizes (Brookwood
Planned Unit Development) Subdivision)
East of site Residential Estates (1 A-R (Agricultural Residential- Single family residential
unit per 2 acres) I unit per 5 acres) subdivision (Rocket Bar
Estates)
West of site Residential Estates (I A-R (Agricultural Residential - Single family residential
unit per 2 acres) I unit per 5 acres) subdivision (Los Luceros)
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA
1. SITE DATA:
Total Acreage of Site - 73.53 Acres
Total Number of Lots - 37
Residential - 32
Common - 5
Total Number of Units - 32
Single-family - 32
Existing - 0
Proposed - 32
Total Acreage of Any Out-Parcels - 0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre .435 units! Acre I-unit per 2 acres
maximum (.5 units!acre)
Minimum Lot Size 1.8 acres (78,408 sq. ft.) 1.8 acres (78,408 sq. ft.)
Minimum Lot Width 170 ft. (approximately) 100 ft.
Minimum Street Frontage 38.96 ft. 35-ft.
Total Acreage of Common Lots 7.4 7 -acres o -acres minimum
Percent of Site as Common Area 10.16% 0%
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
As required by Eagle City Code Section 8-2A-7(J)(4)(b), the applicant proposes to
construct a fifty-foot (50') wide buffer along Beacon Light Road. Due to the right-of-way
dedication requested by Ada County Highway District along Beacon Light Road, the
applicant proposes a twenty-seven foot (27') wide buffer within a common lot abutting the
northern boundary of the development and a twenty-three foot (23') wide landscape
easement on Lot 2 and Lot 34. All berming, fencing and landscaping details, including
any proposed pump houses for pressurized irrigation, are required for Design Review
Board review and approval prior to submittal of a final plat.
Open Space and Design:
Even though Eagle City Code does not require a minimum area of open space for the R-E
zoning district, the proposed development will provide a total of7.47 acres (10.16%) of
common area. The total common area includes the two twenty-seven foot (27') wide
common lot landscape buffers along Beacon Light Road. The majority of common area is
located within a 7.03 common area lot located at the southeast comer of the property
adjacent to Dry Creek. The gathering area for residents includes a pond, pathways, and
benches. In addition to these areas, the applicant is also proposing a landscape island
within the roadway at the project entrance and landscape islands within the cul-de-sacs.
Storm Drainage and Flood Control:
Street drainage plans have been submitted by the applicant as required by the Subdivision
Ordinance. 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 twelve feet
(12") wide.
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Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - no, the applicant will extend the existing mainline sewer,
located at the north end of Brookwood Subdivision, through the site for connection to
each lot.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. Dry Creek is located along the southern boundary of the site
and includes some wetland areas and mature trees, which are proposed 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.
K. STREET DESIGN:
Public Streets:
Vizcaya Way, the only access point to the property, extends southerly from Beacon Light
Road and terminates with a cul-de-sac. One additional road, Vizcaya Court, extends
approximately 400 feet north ofVizcaya Way, also terminating with a cul-de-sac. Vizcaya
Way is proposed to be built within a 70-feet wide right-of-way near Beacon Light Road
(to accommodate the landscape median) and tapers down to a 50-feet right-of-way. The
streets will be paved in sections ranging in width from 15-foot wide travel lanes (located
on either side of the median near Beacon Light Road) to 30-feet wide, with abutting I-foot
wide concrete ribbons and 8-feet wide grass-lined borrow ditches on both sides.
Cul-de-sac Design:
Cul-de-sacs proposed: two (2) bulb courts with 50-foot radius
Curbs, Gutters, and Sidewalks:
Beacon Light Road abutting this parcel is currently not improved with any curb, gutter, or
sidewalk. A 5-foot wide meandering concrete sidewalk is required along Beacon Light
Road abutting the northern portion of the site. The applicant will install I-foot wide
concrete ribbon gutters and borrow ditches abutting the internal streets in-lieu of rolled
curbs and gutters to accommodate storm water runoff, which meet Ada County Highway
District standards (i.e. Public Street above). Sidewalks are not proposed within the
subdivision, however a five foot (5') wide pathway is proposed on the east side of Vizcaya
Way connecting Beacon Light Road to the 7.03 acre common area lot at the southeast
comer of the property.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the submittal of the final plat.
Any modifications made to the lights shall be completed before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee is required prior to the
submittal of a Final Plat. Any modifications of street names shall be completed before
final plat approval.
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L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways/Pathways:
The applicant will provide pedestrian pathways throughout the 7.03 acre common lot
located at the southeast comer ofthe site for residents' use. A twenty foot (20') wide
public access easement will extend from Vizcaya Way (within the common lot) south to
the property line along Dry Creek. The applicant should provide a minimum six foot (6')
feet wide pathway within the easement. Across the creek within Brookwood Subdivision,
a multi-use pathway has been constructed, which is shown on the City of Eagle
Transportation/Pathway Network Map. To further enhance the overall City pathway
system, the applicant has discussed the idea of constructing a bridge over Dry Creek which
would allow for pedestrian circulation between the two subdivisions as well as connecting
the population north of Dry Creek to the existing multi-use pathway. Currenty the
applicant is working with the adjacent neighbor to obtain the necessary easements to
construct the bridge. If the easements are not obtained, the applicant proposes to make a
deposit to the City of Eagle Parks and Pathways Development Committee account for
future bridge construction by the City. The applicant should obtain written bids from
contractors indicating the cost of the bridge and its installation at the site. For information
purposes, the cost to purchase and install the First Street Pedestrian Bridge in Downtown
Eagle was approximately $40,000.00 dollars. The applicant should deposit one half the
cost of the accepted bid to the City of Eagle Parks and Pathways Development Committee
account for future bridge construction by the City.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council. Cyclists will have access to the required four foot (4') wide on-street
bike lanes provided on both sides of all the subdivision roads.
M. PUBLIC USES PROPOSED:
See "Open Space and Design" noted above.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes, portions of the site are within the Dry Creek floodway and 100-year floodplain
Mature Trees - yes, see Preservation of Existing Natural Features section above
Riparian Vegetation - yes, wetlands along Dry Creek along the south property line
Steep Slopes - no
Stream/Creek: yes, Dry Creek along the south property line
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - no
Wildlife Habitat - yes, raccoon, skunk, hawk, dove, etc. as noted in the Preliminary Plat
application submitted by the applicant
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
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Q. 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 letters dated April 25, 2006, are of special
concern (see attached).
Central District Health District
Chevron Pipeline
Department of Environmental Quality
Eagle Fire District
Eagle Sewer District
Idaho Power
Idaho Transportation Department
Idaho Power
Meridian School District
R. LETTERS FROM THE PUBLIC:
To date, no letters have been received from the public with regard to the proposed
subdivision.
S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the development in one phase.
STAFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
CHAPTER 4 - SCHOOLS, PUBLIC SERVICES AND UTILITIES
4.3 Goal
To meet the expected demands of the City and its Impact area:
a. Encourage the provision of public utilities, services, and schools.
4.5 Implementation Strategies
b. Explore legally suitable opportunities for developers to assist in donating
or purchasing school sites identified in the district(s) master facilities
plan, according to student demand created by future land use
development.
c. The City and school district(s) should coordinate school site selection to
ensure the availability of public services.
d. Encourage land use development to reduce street hazards by developing
access to elementary and secondary schools on local streets and/or
pathways.
CHAPTER 6 - LAND USE
Residential Estates
Suitable primarily for single family residential development on acreages may be in
transition from agricultural to residential use or may combine small scale agricultural uses
with residential uses.
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6.5 Goal
To preserve the rural transitional identity.
6.6 Objectives
To encourage the preservation of open spaces.
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
b. Establish land use patterns and zoning districts that do not exhaust
available services such as sewer, water, police, fire, recreational areas,
highways and transportation systems.
c. Provide for a broad spectrum of housing types including apartments,
townhouses, condominiums, single family attached, manufactured homes,
affordable and subsidized housing and large acreage developments.
I. Farm related uses and activities should be protected from land use
conflicts or interference created by residential, commercial, or industrial
development. The Idaho Right To Farm Act should be promoted.
p. Support City of eagle flood and storm drainage regulations to achieve
protection of property rights, environmental protection and flood damage
reduction for community residents.
CHAPTER 7 - NATURAL RESOURCES AND HAZARD AREAS
7.8 Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas
within the Eagle Impact Area. Future areas may be added to the Comprehensive
Plan when deemed necessary.
Areas of flooding consists of two parts: (I) the floodway which is the most severe
area of flooding characterized by deep and fast moving water; and (2) the
floodplain which is less severe than the floodway and is characterized by
shallower and slower moving waters at the time of flooding.
A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open
space area, a recreational area and/or a nature area may be encouraged in the
100-year floodplain of the Boise River and Dry Creek.
The floodway is shown as a generalized area only on the Land Use Map. The
Federal Emergency Management Administration (FEMA) maps show specifically
where the floodway and floodplain boundaries are located. (Also, see Eagle City
Code for definitions of terms relating to the floodplain areas.)
7.9 Goal
Special concern and attention should be given to the preservation offish, wildlife,
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
CHAPTER 8 - TRANSPORTATION
8.6 Implementation Strategies
a. Work in conjunction with the Ada County Highway District (ACHD),
Idaho Transportation Department (ITD), and Ada Planning Association
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(AP A) to classifY roadways on the City of Eagle Transportation/Pathway
Network Maps #1 and #2 incorporated into this Comprehensive Plan by
reference. The Maps are to assure conformity to designations as
delineated on the Land Use Map. The maps shall be provided to the Ada
Planning Association for input into the Ada Planning Association's
Functional Street Classification Map and Regional Transportation Plan.
b. Integrate all modes of travel to support air quality improvement measures.
c. Encourage roadway design standards that are consistent with the Idaho
Transportation department (lID), Ada County Highway District (ACHD),
Ada Planning Association, and other agencies that may be responsible for
roadway planning and design.
e. Encourage new development to provide for pedestrian, equestrian, and
bicycle circulation in accordance with the City of Eagle
Transportation/Pathway Network Maps #1 and #2, adopted local and
regional pathway plans, as may be needed for intra-neighborhood
connectivity and to ensure that bike and pedestrian traffic is not
unnecessarily pushed out onto arterials and collectors.
1. Encourage street lighting to increase roadway and neighborhood safety
while preserving a rural environment free of any unnecessary lighting.
m. Establish and require minimum setbacks between developments and
roadways and to encourage installation of berms and landscaping for all
developments to enhance safety and to enrich the roadway and
community appearance.
o. Encourage arterial and collector roadway design criteria consistent with
the rural nature of planned and existing developments generally within
the areas designated on the Land Use Map as Residential Rural (one
dwelling unit per five acres maximum) and Residential Estates (one
dwelling unit per two acres maximum). Such designs should include the
following:
I. Vertical Curbs should not be permitted, except where may be
required by ACHD. Where curbs are needed, flat or rolled curbs
should be encouraged.
2. Sidewalks and/or pathways should meander and be separated
from any roadway edge or curb to allow for added pedestrian
safety. Topography, trees, ditches and/or similar features may
limit the distance between sidewalks and/or pathways and the
roadway edge. Easements may be needed if portions of the
sidewalk and/or pathway is to be located outside of the right-of-
way.
3. Unless otherwise determined by ACHD to be necessary for public
safety, roadways should be a maximum of two lanes with a center
turn lane only at driveways and/or street intersections that are
expected to generate a minimum of 1000 vehicle trips per day, or
where determined to be necessary for safety by ACHD. Any
portion of a center turn lane which is not used for such a
driveway or intersection should be landscaped. Such landscaped
medians would need to be maintained by the City and would
require a license agreement with the highway district having
jurisdiction.
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4. The roadways should be constructed to provide a bike lane on
both sides of the roadway.
CHAPTER 9 - PARKS, RECREATION AND OPEN SPACES
9.5 PATHWAYS AND GREENBELTS
Pathways are nonmotorized multi-use paths that are separated features from
bicycle and pedestrian lanes constructed as a part of a roadway.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b. To provide a network of central and neighborhood paths where residents
are able to safely access and utilize pathways for alternative forms of
transportation.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
9.5.3 Implementation Strategies
d. Construct bridges to provide access to existing and future greenbelt and
pathway system easements.
f. Prioritize greenbelt and pathway development: I). greenbelt/pathway
system along the Boise River: 2). greenbelt/pathway system along the Dry
Creek: 3). Corridor preservation along future planned pathways and
irrigation features: and 4). Road crossings.
9.6 OPEN SPACE
Open space is land which is not used for buildings or structures and offers
opportunities for parks, recreation, water amenities, greenbelts, river trails and
pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
9.6.1 Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood
ways, drainage ways and canals, development buffers, wooded areas, grasslands,
foothills, and viewpoints for public use and enjoyment.
9.6.2 Objectives
a. To establish open space to protect the finite resource base of Eagle's
natural environment - air, ground water, surface water, soil, forested
areas, plant and wildlife habitats, agricultural lands, and aquifer recharge,
watersheds, and wetlands.
b. To provide an open space setting for active and passive recreation for all
age groups throughout the community.
c. To protect against hazards that are inherent to flood plains, flood ways,
steep slopes, and areas of geological instability.
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e. To protect such unique environmental areas as historical, geological, and
archaeological sites and monuments, natural areas, and wildlife habitat.
9.6.3 Implementation Strategies
a. Require developers to utilize open space for above-ground, on-site storm
water management (i.e., grassy swales, constructed wetlands, and water
features.
CHAPTER 11 - SPECIAL AREAS AND SITES
11.2 Recognized Special Areas and Sites
Dry Creek Floodplain
The Dry Floodplain is designated as a special area due to its ecological and scenic
significance. The area comprises the length of the Dry creek Floodplain through
the Impact Area.
11.4 Implementation and Strategies
a. Protect and improve natural and man-made waterways.
g. Preserve existing trees and establish appropriate landscaping as a part of
new developments.
h. Encourage the preservation of habitat areas which provide for fish and
wildlife.
CHAPTER 12 - COMMUNITY DESIGN
12.4 Implementation Strategies
a. Establish and maintain a development pattern and design criteria in
keeping with the rural transitional identity of Eagle. This includes growth
within the Impact Area that discourages or precludes the establishment of
other City centers.
c. The floodway shall be reserved as a natural state such as a greenbelt,
wildlife habitat, and open space recreational area and for agricultural uses.
k. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridgelines as visual amenities.
I. Encourage the development of pathways and open-space corridors
throughout the City.
o. Encourage the planting and preservation of trees that will create beauty
and add to the healthy environment of downtown (see Eagle Tree Plan
below).
q. Maintain the rural residential character and open space environment in
and around the City.
12.5 Eagle Tree Plan
12.5.1 Goal
To establish and enhance areas of tree growth that will create beauty, add to a
healthy environment and increase economic stability.
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-1-2
Open Space
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
. Eagle City Code Section 8-2A-7 J(4)(b) Major Roadways:
b. Any road designated as a minor arterial on the Ada County long range highway and
street map:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way:
five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees,
and twenty four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the
shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, 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 (I ') 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.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 9-3-2-1 (G) (2) Cul-De-Sac Streets:
In zoning districts which prohibit densities greater than one dwelling unit per two (2)
acres, cul-de-sac streets up to a maximum of one thousand five hundred feet (1,500') in
length may be permitted by the City if approved by the Fire Department and the highway
district having jurisdiction. No more than twenty (20) dwelling units shall be permitted on
said cul-de-sac.
. Eagle City Code Section 9-3-2-2 (A & B) Street Widths:
A. Street and road right of way widths, grade, alignment, and so forth, shall conform to
the adopted major street plan or comprehensive plan and shall be approved by the
highway district and/or other agency having jurisdiction.
E. Notwithstanding subsection A of this section, access from a frontage road onto an
arterial street shall be limited to one thousand five hundred feet (l,500') between
points.
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. Eagle City Code Section 9-3-6 (A) Easements:
Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines when deemed necessary. Total easement width shall not be less than twelve
feet (12 ').
. Eagle City Code Section 9-3-8 (B) Natural Features:
Existing natural features which add value to residential development and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall be preserved in the design of the subdivision.
. Eagle city Code Section 9-4-1-2 Streets and Alleys:
All streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County highway district.
. Eagle City Code Section 9-4-1-6 (B)(I)(c & d) Location:
I. The city shall require the creation and maintenance of pathways, (except in cases
where it is shown to be inappropriate), that provides access to adjacent:
c. Adopted pathway elements within the comprehensive plan and the ridge to rivers
pathway plan;
d. Neighborhoods;
. Eagle City Code Section 9-4-1-6 (D) Pathway Design:
While the city may exercise considerable discretion in determining the design of
pathways, the following minimum standards should be followed:
I. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum six feet (6') wide and shall be located
within a sixteen foot (16') wide pedestrian access easement. Regional pathways such as
the Boise River greenbelt and pathways located adjacent to major roadways shall be a
minimum ten feet (10') wide and shall be located within a twenty foot (20') wide
pedestrian access easement.
2. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles
while allowing use by bicycles, wheelchairs and other modes of travel.
3. A five foot (5') wide landscaped arealbuilding and fence setback, as measured from
both edges of the paved path, shall be required, and will be owned by either the
abutting property owner(s) or a homeowners' association unless accepted by a public
entity. The five foot (5') wide landscaped area on either side of the pathway may be
decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt to
the easement line) when used in conjunction with a meandering pathway, however, the
total width of the landscape area shall not be less than ten feet (10') (i.e., 2 feet on one
side of the path and 8 feet on the other). For safety purposes, planting material in this
area is limited to three feet (3') in height. The landscape, fence and building regulations
for this area shall be indicated by a note on the plat.
4. The official design standards for pathways set forth in the following manuals are to be
used as guides: the "Bicycle Pedestrian Design Manual" for Ada County, the "Design
Guide for Accessible Outdoor Recreation", and the "Guide for the Development of
Bicycle Facilities", or other nationally recognized design standards.
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5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from
damaging the pathway surface. The root barrier shall consist of black injection molded
panels with a minimum of 0.085 inch wall thickness in modules a minimum of twenty
four inches (24") long by twenty four inches (24") deep. Each panel shall have no less
than four (4) vertical deflecting ribs of a minimum 0.085 inch thickness protruding
one-half inch (1/2") at ninety degrees (900) from the interior of the panel, spaced six
inches (6") apart. A minimum of nine (9) antilift tabs, three (3) each between the
vertical ribs, shall be integrated into each panel, measuring a minimum of 0.085 inch
thickness and protruding three-eighths inch (3/8") from the panel wall. An integrated
joining system shall be employed for instant assembly by sliding one panel into the
other. An alternative type barrier system of equal root penetrative resistance may be
considered on a case by case basis, subject to the approval of the zoning administrator.
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.
c. The use of comers and curves in the design of the paths is discouraged.
. Eagle City Code Section 9-4-1-6 (F) (2,3 & 6) Sidewalk Design:
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County Highway District.
3. Sidewalks shall be separated from the edge of the abutting roadway and / or back of
curb by a minimum five-foot (5') wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with 3-inch minimum caliper
shade-class trees along all streets within the subdivision. Installation oflandscaping
shall be in accordance with Section 8-2A-7 of this Code.
6. In zoning districts which prohibit densities greater than one dwelling unit per two (2)
acres and at the council's discretion, a four foot (4') wide striped path (with pedestrian
designation markings such as diamonds or pedestrian/bicycle symbols) on both edges
of all internal roadways may be permitted in lieu of constructing sidewalks. Trees
shall be placed within five feet (5') of the edge of roadway.
C. DISCUSSION:
. The Eagle Comprehensive Plan Land Use Map designates the property as "Residential Estates"
with a density not to exceed I unit per 2 acres. The overall density of the proposed Thompson
Acres development is .435 units per acre.
. Currently, the approximate 73-acre parcel is a farm which grows crops. The farm house and
associated barns are located at the northeast comer of the property. With the development of this
site, the applicant proposes a thirty-seven (37) lot residential subdivision (32 buildable lots and 5
common lots). The applicant is proposing to remove all existing structures from the site, which
has been conditioned to be completed prior to the City Clerk signing the Final Plat. A demolition
permit should be required prior to the removal of the structures and prior to the submittal of the
final plat.
. The proposed development provides lots ranging from 1.8 acres to 2.43 acres in size. The
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applicant is requesting an R-E-DA zoning designation, minimum lot size of 1.8 acres, as specified
in the 2000 Eagle Comprehensive Plan Zoning Compatibility Matrix.
. The proposed design of this subdivision complies with the technical requirements (or will pursuant
to the conditions outlined herein) of Eagle City Code and includes aesthetic features such as a
landscaped common lot with a pond which serves the dual purpose of flood storage as well as
open space for the use of the residents.
. Even though Eagle City Code does not require a minimum area of open space for the R-E zoning
district, the proposed development includes 7.47 acres (10.16%) of the site as common area open
space including a pond, trails, benches in gathering areas, and landscape buffers.
. The applicant proposes a pathway system through the site and within the common area lot, which
provides both local and regional connectivity. A proposed bridge over Dry Creek connects
Thompson Acres subdivision to the adjacent Brookwood Subdivision. A multi-use pathway,
which is part of the City of Eagle Transportation/Pathway, is located within Brookwood
Subdivision along the south side of the creek. The connection provides new linkages for residents
north of the creek to schools south of Floating Feather Road and further beyond to the Downtown
and residents south of the creek access to the Foothills. This new connection provides alternatives
for pedestrians and bicyclist that currently must use arterial roads to move through the area.
Currently, the applicant is working with the adjacent neighbor to obtain the necessary easement to
construct the bridge. If the easements are not obtained and the bridge cannot be constructed with
the other subdivision improvements, then the applicant should obtain written bids from contractors
indicating the cost of the bridge and its installation. The applicant should deposit one half the
amount of the accepted bid to the City of Eagle Parks and Pathways Development Committee
account for future bridge construction by the City. This has been incorporated into the
accompanying Development Agreement.
STAFF RECOMMENDED FINDINGS:
. Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided to staff to date, staff believes that the
proposed rezone is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested zoning designation of R-E-DA (Residential Estates with development
agreement) is consistent with the Residential Estates designation as shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve all uses allowed on this property under the proposed
zone;
c. The proposed R-E-DA zone (Residential Estates with a Development Agreement) is
compatible with the R-E (Residential Estates) and R-2 (Residential-up to two units per
acre) zones and land uses to the south since this area is developed with two
subdivisions and is buffered from the proposed development by Dry Creek;
d. The proposed R-E-DA (Residential Estates with a Development Agreement) IS
compatible with the A-R (Agricultural-Residential) zone and land uses to the east and
west since that areas have the same Comprehensive Plan designation as this site, and
are developed with lots of similar size.
e. The proposed R-E-DA (Residential Estates with a Development Agreement) is
compatible with RUT (Rural Urban Transition) zone to the north since this area is
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developed with a residential subdivision and is buffered from the proposed
development with a fifty foot (50') wide landscape/berm and Beacon Light Road.
f. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan, however, all building pads adjacent to Dry
Creek will have a minimum fifty foot (50') setback from the floodway line and the
entire development will be required to comply with Eagle City Code Title 10 - Flood
Control; and
g. As stated in the Development Agreement, the applicant will remove all existing
structures on the site. Therefore, no non-conforming uses are expected to be created
with this rezone.
. Preliminarv Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the
Commission and Council", and based upon the information provided to staff to date, staff
believes that the proposed preliminary plat is in accordance with the City of Eagle Code
because:
I. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle City
Code Title 9, as shown within the findings provided within this document and the
proposed residential use is in accordance with the residential land use designation of
this area shown within the Comprehensive Plan;
2. The subdivision will be served adequately by essential public facilities such as streets,
police and fire protection, schools, drainage structures, refuse disposal, water and
sewer; or that the persons or agencies responsible for the establishment of the
proposed use shall be able to provide adequately any such services, as noted in the
documentation provided from said agencies and as required as a part of the conditions
of approval;
3. That there are no known capital improvement programs for which this development
would prevent continuity;
4. That based upon agency verification and additional written comments of the Eagle
Fire District and Eagle Sewer District, as conditioned herein, there is adequate public
financial capability to support the proposed development;
5. That any health, safety and environmental problems that were brought to the
Commission and Council's attention have been adequately addressed by the applicant
or will be conditions of approval as set forth within the conditions of approval herein.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Annexation,
Rezone, and Preliminary Plat with conditions as 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
May I, 2006, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission from no one.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
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Commission by six (6) individuals who expresses concerns regarding potential flooding due to
building in the floodplain, the proposed density of two acre lots, and the continual movement
toward losing the rural atmosphere.
* Note: II individuals signed the public hearing sign-up sheet (3 in favor, 8 were opposed);
only 6 chose to provide oral testimony.
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of A-02-06 and RZ-02-06 for
an annexation and rezone from RUT to R-E-DA with the following staffrecommended conditions
to be placed within a development agreement with underline text to be added by the Commission
and strike thru to be deleted by the Commission.
Further, the Commission voted 4-0 (Lien absent) to recommend approval of PP-03-06 for a
preliminary plat for Thompson Acres Subdivision with the staff recommended site specific
conditions of approval and standard condition shown herein (following the conditions to be placed
in a development agreement) with underline text to be added by the Commission and strike thru to
be deleted by the Commission.
CONDITIONS TO BE PLACED IN A DEVELOMENT AGREEMENT:
2.1 The maximum overall density of the property shall not exceed .453 units per acre.
2.2 The Concept Plan (Exhibit A) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes
in that concept may occur. If the City determines that any such changes require additional
public comment due to potential impacts on surrounding property or the community, a
public hearing shall be held on any proposed changes in the Concept Plan, notice shall be
provided as may be required by the City.
2.3 The applicant shall obtain a license agreement from ACHD, to allow the right-of-way
between this property and the edge of pavement along Beacon Light Road to be landscaped
prior to the City of Eagle signing the final plat.
2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time
a design review application is made, including compliance with all of the conditions as
provided within this development agreement.
2.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating
that the property has been annexed into the Eagle Sewer District's service boundaries prior
to the submittal of the final plat. Each lot within the proposed subdivision shall use and be
connected to central sewer.
2.6 As required by Title 6 Chapter 5 Eagle City Code, the Property shall become part of the City
of Eagle's municipal water system. The water main size, to be determined by the City
Engineer, at the time of the final plat review shall be dedicated to the public and shall only
be constructed on rights of way or easements. Easements or permi ts secured for the main
extension shall be obtained in the name of the City, along with all rights and title to the main
at the time of service is provided to the customer paying for the extension. Water mains
shall be extended by the applicant to the north, east, and west boundaries of the development
or as otherwise designated by the City Engineer where future water system extensions are
expected to occur.
2.7 The applicant shall remit payment in the amount of twenty-seven thousand seven hundred fifty
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dollars (27,750.00), to the City of Eagle, to fulfill the Eagle Municipal Water Service Area Fee
for this project. Prior to the City accepting a final plat application for the property.
2.8 A twenty foot (20') wide public access easement for a pathway, to be constructed by the
developer, connecting the south property line to Vizcaya Way shall be dedicated to the City
of Eagle free of all liens and encumbrances. The specific location and design of the pathway
shall be approved by the Design Review Board, prior to the City accepting a final plat
application for the property.
2.9 At the terminus of the twenty foot (20') wide public access easement, a bridge crossing Dry
Creek shall be constructed by the Developer. The specific location and design of the bridge
shall be approved by the City Engineer at the time of final plat review. The applicant shall
obtain all necessary easements and shall receive approval from the Army Corp of Engineers
for the bridge construction. Upon completion, the easement of sufficient width to include
the bridge, and title to all improvements constructed thereon, shall be given by the
Developer to the City free of all liens and encumbrances. Thereafter, the Developer shall
have no further obligation with respect to the repair and maintenance of said bridge, nor any
liability for any use made thereof by the City. If the developer cannot obtain the necessary
easements required to construct the bridge, the developer shall obtain written bids from
contractors indicating the cost of the bridge and its installation at the site. The developer
shall deposit one half of the accepted bid amount into the City of Eagle Parks and Pathways
Development Committee account for future bridge construction by the City. The bridge
shall be constructed by the Developer or the money shall be deposited into the City of Eagle
Parks and Pathways Development Committee account prior to the issuance of a Certificate
of Occupancy for the first single-family dwelling unit within the subdivision.
2.10 The developer shall remove all structures (houses, barns, sheds, etc.) from the site prior to
the City Clerk signing the Final Plat. Demolition permits shall be obtained prior to the
removal of said structures.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all conditions within the development agreement for rezone application RZ-02-06.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
4. Comply with all requirements of the Ada County Highway District.
5. The swales (borrow ditches) along both sides of the roadways within this subdivision shall have a
maximum slope of 4: I (or as approved by the Ada County Highway District), planted with grass
seed or sod.
6. Provide a five foot (5') wide (minimum) meandering concrete sidewalk along Beacon Light Road
within the 50-foot wide landscape buffer, prior to the submittal of a final plat. The sidewalk shall
be installed prior to the issuance of any occupancy permits within the subdivision.
7. Provide a minimum six foot (6') wide pathway within the twenty foot (20') wide public access
easement which extends from Vizcaya Way (within the common lot) south to the property line
along Dry Creek, prior to the submittal of the final plat. The pathway shall be installed prior to the
issuance of any occupancy permits within the subdivision.
8. Provide a revised preliminary plat showing a plat note or delineate minimuml2-feet wide utility
easements along the front and rear property lines of each lot, prior to submittal of the final plat.
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9. All utility poles providing service to the existing structures on the site shall be removed, prior to
the issuance of any building permits for the site. All utility service lines serving existing structures
shall be placed underground prior to the issuance of any building permits for the site.
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 this
development. Trees shall be placed at the front of each lot on the side lot lines, or as approved by
the Design Review Board and within five-feet (5') of the edge of the roadway. Prior to the City
Clerk signing the final plat, the applicant shall either install the required trees, sod, and irrigation
or provide the City with a letter of credit for 150% of the cost of the installation of all landscape
and irrigation improvements within the swales (borrow ditches). Trees shall be installed prior to
obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather
does not permit landscaping.
II. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will
be integrated into the open space areas or private lots (unless approved for removal by the City
Forester and the Design Review Board) shall be provided for Design Review Board approval prior
to the submittal of a final plat. The applicant shall have an on-site meeting with the City Forester
to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be
installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved,
prior to the commencement of any construction on the site.
12. The applicant shall provide a landscape plan showing berming, fencing, and planting details
within the required 50-foot wide buffer area along Beacon Light Road for review and approval by
the Design Review Board, prior to submittal of the final plat. The berm and landscaping shall be
installed prior to the issuance of any occupancy permits within the subdivision.
13. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site, prior to the City Clerk signing the
final plat.
14. Extend the landscaping within the buffer area along Beacon Light Road to within 9-feet from the
edge of pavement. The 9-feet between the landscaping and edge of pavement (along the entire
frontage of this site) shall be graveled as approved by ACHD. The gravel shoulder area shall be
maintained and kept free of weeds and debris.
15. The applicant shall submit a design review application showing any proposed subdivision signage
and a landscape plan showing planting details within the proposed landscape islands located at the
entrance to the subdivision and within all cul-de-sac's for review and approval by the Design
Review Board prior to the submittal of the final plat.
16. The applicant shall submit a design review application with a landscape plan showing planting
details, trail details, sidewalk details, benches, bridge details (if not depositing half the amount of
the money to construct and install the bridge to the City of Eagle Parks and Pathways
Development Committee account for future bridge construction by the City) and other proposed
amenities within all common lots and any landscape easements for review and approval by the
Design Review Board prior to the submittal of the final plat.
17. The applicant shall submit a design review application with a landscape plan showing planting
details and screening details for an irrigation pump house or any type of irrigation facilities for
review and approval by the Design Review Board prior to the submittal of a final plat. If
proposed, a pump house shall be located to comply with all required setbacks for the R-E zoning
district.
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18. The entire Thompson Acres development shall remain under the control of one Homeowner's
Association.
19. The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Thompson Acres Homeowner's Association. The applicant shall provide a copy
of the CC&Rs (which include a similar statement regarding the common areas) for review and
approval by the City attorney prior to the approval of the final plat. The CC&Rs for the Thompson
Acres 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, in accordance
with Eagle City Code, in perpetuity.
20. Place a note on the final plat which states that the 23-foot wide landscape easement along the north
property lines of Lots 2 and 34, is to be maintained by the homeowner's association. Provide a
statement in the CC&Rs that one homeowners association in perpetuity shall maintain the
easement. The CC&Rs shall be reviewed and approved by the City attorney and the City engineer
prior to the approval of the final plat.
21. Delineate an easement on the final plat to encompass the pond located on Lots 23,24,25, and 26.
The plat note and a clause in the CC&Rs shall generally state that the easement is for access and
maintenance of the pond. The CC&Rs shall be reviewed and approved by the City attorney and the
City engineer prior to the approval of the final plat.
22. Provide a clause in the CC&Rs that requires one homeowners association to maintain in perpetuity
all swales (borrow ditches) located within the development. The clause shall further state that the
swales (borrow ditches) are not to be filled with soil or other material that would block proper
drainage. The CC&Rs shall be reviewed and approved by the City attorney and the City engineer
prior to the approval of the final plat.
23. 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.
24. Provide a letter from the Farmer's Union Canal Company approving of any construction plans
involving the relocation or construction of irrigation facilities currently accessing the site and
under the purview of the Company, prior to the approval of the final plat.
25. Submit construction drawings to the City Engineer for review and approval of any irrigation
facility not under the purview of the Farmer's Union Canal Company to ensure the irrigation
facilities are designed and constructed correctly to provide uninterrupted delivery of irrigation
water to downstream users.
26. All street lighting shall incorporate the principles of "Dark Sky Lighting" to negate the effects of
light pollution. The applicant shall submit cut sheets showing street lighting details for review and
approval by the Zoning Administrator prior to the submittal of the final plat.
27. 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.
28. Provide additional notes on the final plat indicating the Dry Creek flood way line and the Dry
Creek 100-year floodplain line, prior to the submittal of the final plat.
29. Indicate all street names as approved by the Ada County Street Naming Committee, prior to the
submittal of the final plat.
30. All existing structures (houses, barns, sheds, etc.) shall be removed from the site prior to the City
Clerk signing the final plat. Demolition permits shall be obtained prior to the removal of said
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structures.
31. The applicant shall install at the entrances to Thompson Acres 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 of3-feet above the ground) noticing the contractors to clean up daily, no loud music,
and no dogs off leash.
32. Provide a clause in the CC&Rs stating all homeowners that own lots in the floodwav shall not use
artificial means to constrict the water flow within the floodwav. The clause shall also make the
homeowner aware of the risks about anv landscaping and/or other improvements within the
floodwav. The CC&Rs shall be reviewed and approved bv the City attomev and the City engineer
prior to the approval of the final plat.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (1.C. Title 50, Chapter 13 and 1.c. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.c.c. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
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.
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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.
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 iterns 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.
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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.
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
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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:
I. The annexation and rezone applications for this itern were received by the City of Eagle on February
16, 2006. The preliminary plat application for this item was received by the City of Eagle on March 2,
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 17, 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 April 4, 2006. Requests for agencies' reviews were
transmitted on March 3, 2006 in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on April 19, 2006. Requests for agencies' reviews
were transmitted on February 21, 2006, for the annexation/rezone and on March 3, 2006, for the
preliminary plat application, both in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-02-06/RZ-02-06) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of R-E-DA (Residential Estates with a Development
Agreement) is in accordance with the Residential Estates classification as shown on the
Comprehensive Plan Land Use Map;
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b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are required to be provided,
to serve a single-family dwelling residential subdivision on this property under the proposed
zone;
c. The proposed R-E-DA zone (Residential Estates with a Development Agreement) is
compatible with the R-E (Residential Estates) and R-2 (Residential-up to two units per acre)
zones and land uses to the south since this area is developed with two subdivisions and is
buffered from the proposed development by Dry Creek;
d. The proposed R-E-DA (Residential Estates with a Development Agreement) is compatible
with the A-R (Agricultural-Residential) zone and land uses to the east and west since those
areas have the same Comprehensive Plan designation as this site, and are developed with lots
of similar size;
e. The proposed R-E-DA (Residential Estates with a Development Agreement) is compatible
with RUT (Rural Urban Transition) zone to the north since this area is developed with a
residential subdivision and is buffered from the proposed development with a fifty foot (50')
wide landscape/berm and Beacon Light Road;
f. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan, however, all building pads adjacent to Dry Creek
will have a minimum fifty foot (50') setback from the floodway line and the entire
development will be required to comply with Eagle City Code Title 10 - Flood Control; and
g. As stated in the Development Agreement, the applicant will remove all existing structures on
the site. Therefore, no non-conforming uses are expected to be created with this rezone.
4. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-03-06) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the density of the approved zoning designation
ofR-E-DA (Residential Estates with a Development Agreement); 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 will provide
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; 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 the City of Eagle. Fire protection will be available from the Eagle Fire
District and fire hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is reviewed and approved by the
highway district having jurisdiction and is subject to the conditions therein; and
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
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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 Commission's
attention have been adequately addressed by the applicant or will be conditions of preliminary
and/or final plat approval as set forth within the conditions of approval above.
DATED this 15th day of May 2006.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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