Findings - PZ - 2016 - PP-15-05 - Lighthouse Subdivision/18.93 Acre.11-Lot/1101 W. Beacon Light Road
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT FOR
LIGHTHOUSE SUBDIVISION FOR
M & H DEVELOPMENT, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-15-05
The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission
for their recommendation on April 17, 2006, at which time public testimony was taken and the public
hearing was closed. The 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:
M and H Development LLC, represented by Sabrina Whitehead with Briggs Engineering,
Inc., is requesting preliminary plat approval for Lighthouse Subdivision. The 18.93-acre,
1110t (9 buildable, 2 common) subdivision is located on the south side of West Beacon
Light Road approximately Y2-mile east of Ballantyne Lane at 110 1 West Beacon Light
Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 3 I, 200S.
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 6S, Idaho
Code and the Eagle City ordinances on January 7, 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 6S, Idaho Code and Eagle City
Code on January 4,2006. The site was posted in accordance with the Eagle City Code on
March 24,2006. Requests for agencies' reviews were transmitted on November 9,2005,
in accordance with the requirements of the Eagle City Code.
D. HISTORY OF PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: A-IS-OS and RZ-22-0S [rezone from RUT (Rural Urban
Transition) to R-E (Residential Estates)].
Page 1 of 15
K:\Planning DeptlEagle ApplicatioDs\SUBSI2005\Ughthouse pzf.doc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential Estates RUT (Residential- Ada Single-family
County designation) dwelling/pasture
Proposed No Change R-E (Residential - up to one Residential Subdivision
unit per two acres maximum)
North of site Residential Rural RUT (Residential- Ada Single-family
County designation) dwellings/pasture
South of site Residential Estates R-E (Residential - up to one Kolander Subdivision
unit per two acres maximum) within Academy Place
Subdivision
East of site Residential Estates RUT & Rl (Residential- Single-family
Ada County designation) dwellings/pasture
West of site Residential Estates RUT (Residential - Ada Single-family
County designation) dwellings/pasture
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, IDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site - 18.93-acres
Total Number of Lots - 11
Residential - 9
Commercial - 0
Industrial - 0
Common - 2
Total Number of Units - 9
Single-family - 9
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
Page 2 of 15
K:\Planning DeptlEag1e Applications\SUBSI2005\Lighthouse pzf.doc
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.48-units per acre I-unit per two-acres maximum
(0.5-units per acre)
Minimum Lot Size 1.8-acres (78,576-square feet) 1.8-acres (78,408-square feet)
Minimum Lot Width 240-feet (approximately) 100-feet (minimum)
Minimum Street Frontage 58-feet 35-feet (minimum)
Total Acreage of Common Area 0.69-acres (30,30 I-square feet) Not required in R-E zone
Percent of Site as Common Area 3.6% Not required in R-E zone
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (J) (4) (b) requires a minimum 50-foot wide landscape
buffer area between minor arterials and new residential developments.
Open Space:
Eagle City Code does not require a minimum area of open space for the R-E zoning
district.
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:
A letter from the Eagle Fire Department recommends denial of the preliminary plat
since central water is not available to the site to enable the installation and use of fire
hydrants. In response to concerns raised by the Eagle Fire Department during the public
hearing for Pony 2 Subdivision and Tanglerose Subdivision (located 515' west and 660'
east of this site respectively), the City Council indicated that a central water system could
be extended to this area, with potential financing through a local improvement district
(LID).
On-site Septic System (yes or no) - Yes
Preservation of Existing Natural Features:
The parcel has existing trees located mainly around the existing single-family dwelling.
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,
Page 3 of 15
K:\Planning DeptlEagle ApplicationsISUBS\2005ILighthouse pzf.doc
watercourses, historic spots and similar irreplaceable assets) shall be preserved In the
design of the subdivision.
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 is proposing to construct Emily Meadows Place extending southerly from
Beacon Light Road, and terminating in a cul-de-sac within a S3-foot radius right-of-way.
The roadway is proposed to be built within a SO-foot wide right-of-way. A 4-foot wide
pathway is proposed to be striped on only one side of the roadway. A standard 2-foot
wide ribbon curb with an 8-foot wide drainage swaIe are proposed to be constructed along
the internal roadways.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than SOD': None
Cul-de-sac Design:
Emily Meadows Place is a 930-foot (approximately) long cul-de-sac. Eagle City Code
permits cul-de-sac lengths up to 1,SOO-feet in the R-E zoning district, if approved by the
Eagle Fire Department.
Curbs, Gutters, and Sidewalks:
Beacon Light Road abutting this parcel is currently not improved with any curb, gutter, or
sidewalk. Two foot (2') wide concrete strips and drainage swales abutting the internal
streets are proposed in-lieu of curbs and gutters to accommodate storm water runoff.
Sidewalks are not proposed within the subdivision; a 4-foot wide striped path on one side
of the roadway is proposed. A S-foot wide meandering concrete sidewalk is proposed
along Beacon Light Road abutting the northern portion of this site.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Striped bike and pedestrian walkways along one side of the roadway is proposed
within the subdivision. Eagle City Code requires a four foot (4') wide striped path on
both edges of the internal roadway in lieu of constructing sidewalks.
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.
Page 4 of 15
K:\Planning DeptlEagle ApplicationsISUBSI2005\Lighthouse pzf.doc
L. PUBLIC USES PROPOSED: None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concem - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - yes
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference and attached to the staff report. Comments, which appear to be of special
concern, are noted below:
City Engineer: All comments within the engineer's letter dated December 2, 200S, and March 1,
2006, are of special concem (incorporated herein by reference and attached to the staff report).
Ada County Highway District
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Farmers Union Ditch Company
Idaho Power Company
Meridian Joint School District No.2
Q. LETTERS FROM THE PUBLIC: None
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential Estates, suitable
primarily for single-family residential development on acreages that may be in transition from
agricultural to residential use or may combine small-scale agricultural uses with residential
uses. Residential density of up to one dwelling unit per two gross acres may be considered by
Page 5 of 15
K:\Planning DeptlEagle AppJicationslSUBSI2005lLighthouse pzf.doc
the City for this area.
Chapter 8 Transportation
8.6 Implementation Strategies
o. Encourage arterial and collector roadway design criteria consistent with the
rural nature of planned and existing developments generally within the areas
designated on the Land Use Map as Residential Rural (one dwelling unit per
five acres maximum) and Residential Estates (one dwelling unit per two acres
maximum). Such designs should include the following:
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 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 tum lane which is
not used for such a driveway or intersection should be landscaped. Such
landscaped medians would need to be maintained by the City and would
require a license agreement with the highway district having jurisdiction.
4. The roadways should be constructed to provide a bike lane on both sides
of the roadway.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-2A-7(J)(4)(b)
Any road designated as a minor arterial on the Ada County long range highway and street
map:
A minimum of fifty feet (SO') 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
(S) 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/omamental trees, provided that not more than fifty percent (SO%) of the shade
trees are substituted.
A minimum five foot (S') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. ChainIink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
Page 6 of 15
K:IPlanning DeptlEagle ApplicationslSUBSl2005lLighthouse pzf.doc
C. SUBDIVISION ORDINANCE PROVISIONS WHICH 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 ,SOO') 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 9-3-6(A)
Total easement width shall not be less than twelve feet (12').
. Eagle City Code Section 9-3-6(F)(6) SIDEWALK DESIGN:
In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres
and at the council's discretion, a four foot (4') wide striped path (with pedestrian
designation markings such as diamonds or pedestrian/bicycle symbols) on both edges of
all internal roadways may be permitted in lieu of constructing sidewalks. Trees shall be
placed within five feet (5') of the edge of roadway.
. Eagle City Code Section 9-4-1-6(F)(4)
Trees shall be placed at the front of each lot generally located on each side lot line. Minor
variations to the location of a tree may be considered by the design review board during
the review of the subdivision landscape plan.
. Eagle City Code Section 9-4-I-9(A)
Construction; Extension: All public water supply or sewer systems (serving 2 or more
separate premises or households) shall be constructed in accordance with any adopted
local plans and specifications. All new public water supply or sewer systems shall be an
extension of an existing public system whenever possible. In the event that the proposed
public water supply or sewer system is not an extension of an existing public system, there
shall be a showing by the subdivider that the extension is not feasible and not in the best
interest of the public.
. Eagle City Code Section 9-4-1-12
LANDSCAPE BUFFER AREAS:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be
required for the protection of residential properties from streets classified as collectors,
arterials, freeways/expressways, waterways, railroad rights of way or other features.
Subdivision plats shall show the location of all buffer areas.
D. DISCUSSION:
. The Comprehensive Plan Land Use Map designates this site as Residential Estates (up to one
unit per two-acres maximum). The applicant is proposing A8-units per acre.
. The proposed design of this subdivision complies with the technical requirements (or will
pursuant to the conditions outlined herein) of Eagle City Code.
However, the Eagle Fire Department's letter of November 28,2005, states that the Department
cannot recommend approval of the subdivision without a municipal water system to provide
adequate water pressure to fire hydrants for fire protection. While it may not be impractical to
bring water to this site, the timing, expense and willingness of a developer to bring the water
Page 7 of 15
K:IPlanning DeptlEagle ApplicationslSUBSl2005lLighthouse pzf.doc
to the site is not certain. Further, the recommendation of denial of a subdivision from a
service and safety provider leaves some doubt as to the capability of a parcel to be developed
in the immediate future. In order to recommend approval of a subdivision, staff must be able
to conclude that a proposed preliminary plat application is in accordance with the City of
Eagle Title 9 (Subdivisions) and that service and safety issues have been adequately
addressed. Although the design of the subdivision complies with Eagle City Code and the
Comprehensive Plan, considering the information provided to date, staff cannot reach the
conclusion that residents of the development will be provided with adequate fire protection
based upon the response from Eagle Fire Department.
. The preliminary plat, date stamped by the City on October 31, 200S, shows a four foot (4')
wide pathway is to be constructed on one side of the roadway. Per Eagle City Code, a four
foot (4') wide striped path on both edges of all intemal roadways may be permitted in lieu of
constructing sidewalks. The applicant should be required to provide a revised preliminary plat
showing a four foot (4') wide striped path on both edges of all internal roadways. The revised
preliminary plat should be reviewed and approved by staff prior to the applicant submitting an
application for final plat.
. The preliminary plat, date stamped by the City on October 31, 200S, shows a 930-foot
(approximately) long roadway to be constructed generally down the center of the subject
property that will terminate in a cul-de-sac. The proposed cul-de-sac does not have a
landscape island proposed within the center of it, which has been required in all subdivisions.
The applicant should be required to provide a revised preliminary plat showing a landscape
island to be located within the cul-de-sac of Emily Meadows Place. The revised preliminary
plat should be reviewed and approved by staff prior to the applicant submitting an application
for final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the concerns of the Eagle Fire Department provided within their letter dated
November 28, 2005 (incorporated herein by reference and attached to the staff report), staff defers
recommendation and provides the facts here in for consideration by the Planning and Zoning
Commission and City Council.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April
17, 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 opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of PP-1S-0S for a preliminary
plat for Lighthouse Subdivision for M and H Development LLC, with the following staff
recommended site specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. Construct a S-foot wide (minimum) meandering concrete sidewalk along Beacon Light Road abutting
the site, generally located as shown on the preliminary plat date stamped by the City on October 31,
200S.
Page 8 of 15
K:\Planning DeptlEagle ApplicationslSUBSl2005lLighthouse pzf.doc
3. Revise the preliminary plat to either add a note or delineate utility easements along the front and rear
property line of each lot to be a minimum of 12-feet wide.
4. Revise the preliminary plat to either add a note or delineate utility easements along side lot lines to be a
minimum of 6-feet wide on either side of the lot line.
S. Place a note on the final plat which states that the 50-foot wide landscape easement along Beacon
Light Road is to be maintained by the homeowner's association. Provide a statement in the CC&Rs
that one homeowners association in perpetuity shall maintain the easement. The CC&Rs shall be
reviewed and approved by the City Attorney prior to the City Clerk signing the final plat.
6. Provide a revised preliminary plat showing a four foot (4') wide striped path on both edges of all
internal roadways. The revised preliminary plat shall be reviewed and approved by staff prior to the
applicant submitting an application for final plat.
7. The applicant shall remove all structures from the site prior to the issuance of any building permit for
the site. Demolition permits shall be obtained prior to the removal of said buildings.
8. All utility poles providing service to the site shall be removed, prior to the issuance of any building
permits for the site. All utility service lines serving the building lots shall be placed underground.
9. The swales (borrow ditches) along both sides of the roadways within this subdivision shall have a
maximum slope of 4:1 (or as approved by the Ada County Highway District), planted with grass seed
or sod and shall be maintained by the homeowners association.
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 (S') 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 I SO% 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.
11. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
determined otherwise by the City Forester. A detailed landscape plan showing how the trees will be
integrated into the open space areas or private lots (unless approved for removal by the City Forester
and the Design Review Board) shall be provided for Design Review Board review and approval prior
to the applicant submitting an application for 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 SO-foot wide buffer area along Beacon Light Road abutting this site for review and approval
by the Design Review Board, prior to the applicant submitting an application for final plat. The berm
and landscaping shall be installed prior to the issuance of any occupancy permits within the
subdivision.
13. 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.
14. Provide a revised preliminary plat showing a landscape island to be located within the cul-de-sac of
Emily Meadows Place. The revised preliminary plat shall be reviewed and approved by staff prior to
Page 9 of 15
K:IPlanning DeptlEagle ApplicationslSUBSI2005lLighthouse pzf.doc
the applicant submitting an application for final plat.
IS. 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 within the cul-de-sac
for review and approval by the Design Review Board prior to the applicant submitting an application
for final plat.
16. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site, prior to the applicant submitting an application
for final plat.
17. The applicant shall submit a design review application with a landscape plan showing planting details
and screening details for the irrigation pump house (located on Lot 1 I, Block 1), for review and
approval by the Design Review Board prior to the applicant submitting an application for final plat.
The pump house shall be located to comply with all required setbacks for the R-E zoning district.
18. Place a note on the final plat and a clause in the CC&Rs that requires one homeowners association to
maintain in perpetuity all common lots located within the development. The applicant shall provide a
copy of the CC&Rs for review and approval, prior to the applicant submitting an application for. The
entire Lighthouse development shall remain under the control of one Homeowner's Association.
19. Provide a clause in the CC&Rs that requires one homeowners association to maintain in perpetuity all
swales (borrow ditches) located within the development. The clause shall further state that the swales
(borrow ditches) are not to be filled with soil or other material that would block proper drainage. The
applicant shall provide a copy of the CC&Rs for review and approval, prior to the applicant submitting
an application for final plat.
20. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
21. Provide a letter from the Farmer's Union Canal Company approving of any construction plans
involving the relocation or construction of irrigation facilities currently accessing the site and under the
purview of the Company, prior to City approval of the final plat.
22. Submit construction drawings to the City Engineer for review and approval of any irrigation facility
not under the purview of the Farmer's Union Canal Company to ensure the irrigation facilities are
designed and constructed correctly to provide uninterrupted delivery of irrigation water to downstream
users.
23. All street lighting shall incorporate the principles of "Dark Sky Lighting" to negate the effects of light
pollution. The applicant shall submit cut sheets showing street lighting details for review and approval
by the Zoning Administrator prior to the applicant submitting an application for final plat.
24. Provide a letter from the Eagle Fire Department allowing the length of Emily Meadows Place to
exceed five hundred feet (500') prior to City approval of the final plat.
2S. The installation of a fire protection sprinkler system is required for all new dwelling units within the
subdivision. The system shall be installed prior to the issuance of a Certificate of Occupancy.
26. All structures shall be setback a minimum of SO-feet from the side property line (100-foot minimum
between structures on abutting lots).
27. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "DigIine" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
28. The applicant shall install at the entrances to Lighthouse 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
Page 10 of 15
K:IPlanning DeptlEagle ApplicationsISUBSI2005\lighthouse pzf.doc
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
29. 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.
30. All street names shall comply with the requirements of the Ada County Street Naming Committee.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.C. Title SO, Chapter 13 and I.c. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-380S, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&Rs shall contain clauses to be reviewed and approved by the City Engineer and
City Attomey, prior to the City Engineer signing the final plat, requiring that lots be so graded that
Page 11 of 15
K:\Planning DeptlEagle ApplicationsISUBSI2005\Lighthouse pzf.doc
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
II. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service and
as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and I,SOO gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
IS. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attomey 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 Attomey 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.
Page 12 of 15
K:IPlanning DeptlEagle ApplicationsISUBSI2005\Lighthouse pzf.doc
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. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
28. No public board, agency, commission, official or other authority shall proceed with the
Page 13 of 15
K:\Planning DeptlEagle ApplicationsISUBSI2005\Lighthouse pzf.doc
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 IS0% 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 October 31, 200S.
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 January 7,2006. 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 6S, Idaho Code and Eagle City Code on January 4, 2006. The site was posted in accordance
with the Eagle City Code on March 24, 2006. Requests for agencies' reviews were transmitted on
November 9, 200S, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-1S-0S) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zoning designation of R-E
(Residential Estates); and
b. Will be harmonious with and in accordance with the general objectives of Title 9 of
the Eagle City Code since the development is consistent with the Comprehensive Plan
and provides the required improvements for a minor subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such use will not change the essential character of the same area,
since the proposed residential use is in accordance with the residential land use
designation of this area shown within the Comprehensive Plan and since the proposed
lot configurations, as well as the intent to develop the site with single family
dwellings, is commensurate to the surrounding development; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served by septic systems to be approved by the Central
District Health Department. Fire protection is available from the Eagle Fire District,
Page 14 of 15
K:\Planning DeptlEagle ApplicationsISUBSI2005\Lighthouse pzf.doc
however, each house is required to have fire sprinkler systems and greater side yard
setbacks unless an LID can be arranged to serve the area with a municipal water
system; and
e. Will have vehicular approaches to the property designed to not create an interference
with traffic on surrounding public thoroughfares since the project is required to be
reviewed and approved the Ada County Highway District and is subject to the
conditions herein; and
f. This development is in continuity with the capital improvement program since the
required public improvements are required as conditioned herein, and previously have
been or are expected to be installed with the development of individual lots as
conditions of approval with the exception of fire hydrants; 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 if an LID
is arranged to aid in serving the area with a municipal water system to assist in fire
protection; 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 plat approval as set forth within the conditions of approval
above.
4. The Commission recognized the letter from the Eagle Fire Department and suggested that an LID
(Limited Improvement District) or other similar funding option could be arranged by the City to aid in
serving the area with a municipal water system to assist in fire protection.
DATED this 1 st day of May 2006.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
fir ~ ~
Clifford s Jr., ChaIrman
ATTEST:
,,"....,',.
,I' ...
........ C\1'Y OJ;- ....
~., ......... ~ ....
"'.. -. ~ .
~ · o. CORPo eo 0 '.
.. 'h..
:. ~.., . '("'" ~
: : - ..,i\\tT1':
. .- -. ..
: tI) .% S ' tIl. :
: ~ \~ ~ .:
'\ 7;. -':':'"0.. ~!-..,,~~/. i
~ -';"tl~ ..
01/ ;';,,\\0
Page 15 of 15
K:\Planning DeptlEagle ApplicationslSUBSl2005lLighthouse pzf.doc