Findings - CC - 2006 - A-13-06/RZ-16-06/PP-14-06 - Sylvan Wood Subd/31-Lot/25.41 Acre/843 N Ballantyne Ln
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION, REZONE WITH A
DEVELOPMENT AGREEMENT, AND
PRELIMINARY PLAT FOR SYLVAN WOODS
SUBDIVISION FOR SYLVAN WOODS I, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LA W
CASE NUMBER A-13-06/RZ-16-06 & PP-14-06
The above-entitled Annexation, Rezone with a develupment agreement, and Preliminary Plat applicatiuns
came before the Eagle City Council for their action on September 26,2006, at which time public testimony
was taken and the public hearing was closed. The Eagle City Council. having heard and taken oral and
written testimony, and having duly considered the matter. makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Sylvan Wood L LLC, represented by Phil Hull with The Land Group, Inc.. is requesting
an annexation and rezone from RUT (Rural Urban Transitional) to R-l-DA (Residential
one unit per acre with a development agreement) and preliminary plat approval for Sylvan
Wood Subdivision, a 31-lot (24-residential, 7-common) residential subdivision. The
25.4I-acre site is located on the southwest comer of Ballantyne Lane and Floating Feather
Road at 843N. Ballantyne Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held in compliance with the application submittal
requirement of Eagle City Code at 6:00 PM, May 3, 2006. The annexation, rezone, and
preliminary plat applications for this item were received by the City of Eagle on May 18,
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 June 26, 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 reqLlirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on May 19, 2006. The site was posted in accordance with the Eagle City Code on
May 26, 2006. Requests for agencies' reviews were transmitted on May 19, 2006 in
accordance with the requirements of the Eagk City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on August 28, 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 August 24.
2006. The site was posted in accordance with the Eagle City Code on June 30, 2006.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS: Ada County File #200600188-PBA/ZCA-
Property boundary adjuslment (County action which adjusts the property lines of this sitl?
into their current configuration).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
The City is requesting a development agreement to l?nsure the development of the property
is consistent with the Comprehensive plan and vision of the City of Eagle.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGN A nON
Existing Residential One (I unit RUT (Rural Urban Transition- Single Family Dwelling &
per acre maximum) Ada County Designation) Agricultural Uses
Proposed Residential One (I unit R-I-DA (Residential-l unit per Single Family, Residential
per acre maximum) acre with a development Subdivision
agreement)
North of site Residential Estates (1 R-E (l unit per 2 acres Single Family, Scotch
unit per 2 acres maximum) Subdivision
maximum)
South of site Residential One (l unit R-2-DA-P (Residential with a Single Family,
per acre maximum) development agreement and Countryside Subdivision
PUD)
East of site Residential One (1 unit R-l (Residential-l unit per Single family, Lockwood
per acre maximum) acre) Subdivision
West of site Residential One (I unit A-R (Agricultural Residential) Single family, Wehern
per acre maximum) one unit pl?r 5 anes Subdivision
H. DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA, CEDA, or DSDA
1. SITE DATA:
Total Acreage of Site - 25.41 Acres
Total Number of Lots - 31
Residential - 24
Common - 7
Total Number of Units - 24
Single-family - 24
Existing - 0
Proposed - 24
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Total Acreage of Any Out-Parcels - 0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre .94 units/acre I-unit per acre maXtlllUIll
Minimum Lot Size 37,006 sq. ft. 37,000 sq. ft.
Minimum Lot Width 103 ft. (approximately) 100 ft.
Minimum Street Frontage 30- ft. 35-ft.
Total Acreage of Common Lots 2.24-acres (Excluding planters) o -acres minimum
Percent of Site as Common Area 8.8% 0%
J. GENERAL SITE DESIGN FEATURES
Landscape Screening:
As required by Eagle Cily Code Section 8-2A-7(J)(4) (a) &(b), the applicant proposes to
construct a fifty-foot (50') wide buffer along Floating Feather Road and a thirty-five foot
(35') wide buffer along Ballantyne Road. All benning, 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:
The proposed development includes 2.24 acres (8.8%) of common area. The comlllon area
consists of the required buffer area along Floating Feather and Ballantyne Roads and a
.52- acre open space area within the development.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&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.
Fire Hydrants and Water Mains:
The preliminary plat shows five (5) fire hydrants located within the subdivision The
hydrants should be instaled and approved as required by the Eagle Fire District.
On-site Septic System (yes or no) - no
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Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development lnd enhance the attractiveness of the community (such as tITeS.
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. The Farmers Union Canal and mature trees are located along
the northern boundary of the site.
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:
The detailed drawing on the preliminary plat shows a forty-two foot (42') wide right-of-
way street section with a twenty-nine foot (29') wide travel wav including rolled curhing
throughout subdivision. No Stub streets are provided since the adjacent land is already
developed. An eight foot (8') wide grassy swale to be utilized as a drainage swale with a
five foot (5') wide detached sidewalk are shown to be located withirl the right-of-way
adjacent to the interior streets.
Cul-de-sac Design:
Three (3) cul-de-sacs are proposed for the site:
The northern cul-de-sac is 745-ft. III length (in excess of the 500-ft standard
established in ECC 9-3-2(1 )(G)
The southern cul-de-sac is l51-ft in length
The western cu-de-sac is 200 ft in length
Sidewalks (to be ADA compliant):
A 5-foot wide meandering, detached sidewalk is required along Floating Feather Road and
Ballantyne Lane abutting the northern and eastern portion of the site. A detached five-foot
(5') wide concrete sidewllk is proposed abutting both sides of the roadway on the interior
streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark ~ky" style of lighting shall he provided to the City Zoning
Administrator prior to the submittal of the final pial. 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 Pia\. Any modifications of street names shall be completed before
final plat approval.
L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways/Pathways:
The preliminary plat does not delineate any public pathways located within the
development. The application states that the common area within the development will
include an east to west puthway connection.
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Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement. as may be specified
by the City Council. The detailed street section does not show a bike lane on the interior
roads.
The Eagle Pathway plali designates a bike lane along Floating Feather and Ballantyne
Lane.
M. PUBLIC USES PROPOSED:
See "Open Space and Design" noted above.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters (with conditions) from the Eagle Fire Department and Eagle
Sewer District have been received. The Eagle Sewer District states that it will be necessary
for the applicant to petition to annex the subject property into the sewer district for sewage
disposal prior to development of the site. The development will be provided water service
by United Water.
P. NON-CONFORMING USES:
Based upon the information available the proposed rezone will not create any non-
conforming issues with regard to provisions of the Eagle City Code since compliance with
the 'Conditions of Development' within the Development Agreement will be required.
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - Yes, ditch banks
Fish Habitat - no
Floodplain - no
Mature Trees - yes, see south side of ditch banks
Riparian Vegetation - yes -ditch banks
Steep Slopes - yes, ditch banks
Stream/Creek: - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
Historical Assets - no
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
S. 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 letters dated June 21. 2006, are of special
concern (incorporated herein by reference and attached to the staff report).
Ada County Highway District
Central District Health District
Chevron Pipeline
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Department of Environmental Quality
Eagle Fire District
Eagle Sewer District
Idaho Transportation Department
Meridian School District
Ringert Clark (rep: Drainage District #2) (correspondence dated June 13,2006)
T. LETTERS FROM THE PUBLIC: None received to date.
U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the development in one phase.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. 2000 COMPREHENSIVE PLAN PROVISIONS. WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates
this site as Residential One:
Suitable primarily for single family residential development within areas that are rural in
character.
Chapter 1 - Overview
1.1 City of Eagle Statement of Purpose
b. To ensure that adequate public facilities and services are provided to the people at
reasonab Ie cost.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
1.3 The City of Eagle Vision Statement
b. interconnected with user-friendly pathways and roadways:
Chapter 4 - Schools, Public Services and Utilities
4.1 Background
Public utilities, fal'ilities, and services are necessary for the overall welfare of the public
and are generally availab.e to Eagle resident;;. The City and sp,xlal dislril'ts provide the
basic services of water, sewer, school. police, fire and library to residents. With Eagle's
growing population comes the need for increased public services and the necessity to
improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded plays
an important role in the location and intensity of future housing, commercial and industrial
development. Since the City of Eagle depends on outside providers, it must be involved in
any plans that will effect the community. Service providers currently include:
. The Eagle Sewer District provides sewer service within a designated sewer servil'e
area.
. The Meridian and Boise School Districts provide K-12 education.
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. United Water, Eagle Water Company, and the City provide water to Eagle residents.
Some private water systems and wells are also used.
. Private canal companies and drainage districts provide irrigation water and drainage
water management.
4.27 Other Services and Utilities
Pressure Irrigation
The City of Eagle cUITently requires the installation of pressurized irrigation systems
for the irrigation of landscaping when new development is within an irrigation district
and wat~r rights are <lvailable.
4.5 Implementation Strategies
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
6.1 Background and Existing Conditions
Managing growth and channeling it into orderly community development is the key
element of land use planning. Unplanned growth results in und~sirable land use
patterns. Areas within the City and within the Impact Area are given land use
designations which are depicted on the Comprehensive Plan Land Use Map,
hereinafter referred to as the "Land Use Map".
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a
planning policy document and planning tool that will assist the City in sustaining
responsible growth a:ld development to ensure that evolving land use patterns remain
consistent with goals. objectives and strategies of the Plan.
6.2 Land Use Issues
Residents of Eagle and its Impact Area have a strong desire to maintain the rural
"feel" of the community.
In order to ensure the quality of life that is desired by Eagle residents, it is necessary to
maintain a tax base that is adequate for providing expected public services.
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
transportatio:l systems.
k. Protect gravity flow irrigation systems including canals, laterals and ditches to
assure continued delivery of irrigation water to all land serviced by such
systems, to protect irrigation systems as a long range economical method for
vvater delivety and to coordinate surface water drain'-lge to be compatible with
irrigation systems.
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l. 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.
Chapter 8 - Transportation
8.6 Implementation Strategies
a. Work in conjLJnction with the Ada County Highway District (ACHD), Idaho
Transportation Department (ITD), and Ada Planning Association (APA) 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 Associatio[l for input into the
Ada Planning Association's Functional Street Classification Map and
Regional Trunsportation Plan.
b. Integrate all modes of travel to suppOt1 air quality improvement measures.
c. Encourage roadway design standards that are consistent with the Idaho
Transportation depal1ment (lTD), Ada County Highway District (ACHD).
Ada Plannin~ Assoc[ation. and uthcr agcncies that tllay be rc,pon,iblc fur
road\\ ay planning and design.
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circubtion 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.
t. 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 a[1erial and collector roadway design criteria consistent with the
nlral nature of planned and existing developments generally within the areas
designated 0[1 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:
l. Verticul 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 und/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
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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
lequire a license ..!greement \\ith the high\\..!}' district having
jurisdiction
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 bridge, to provide ..!ccess tll existing ..!nd future grecnbelt ~tnd pathway
system easement;.
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 Spaces
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 basc of Eagle's natural
environment - air, ground water, surface water. soil, forested areas, plant and
wildlife habitats, agricullurallands. and aquifer recharge. watersheds. and
wetlands.
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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.
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 C('mprises 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 ridge lines as visual amenities.
1. Encourage the development of pathways and open-space corridors thrOllghout 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 structLlres. and shall he
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)(a)
a. Any road designated as an urban or rural collector on the Ada County long range
highway and street map:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (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 nut be pennitted.
. 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 flal area shall be provided for the placement of the decorative wall.
Chain link. cedar. and similar high maintenance and/or unsightly fencing shall not
be permitted.
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. Eagle City Code Section 8-2-4 Schedule Of Building Height And Lot Area Regulations
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Eagle City Code Section 9-1-6 Rules and Definitions
OPEN SPACE: A common area platted as a separate lot, or an area dedicated to amI
accepted by the city, substantially open to the sky, exclusive of streets, buildings and other
covered structures.
RIGHT OF WAY: A strip of land dedicatcd or reservcd for use as a public way which
normally includes streets, sidewalks and other public utilities or service areas.
. Eagle City Code Section 9-3-1 Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions,
improvements and facilities done, constructed or made in accordance with said provisions
shall comply with the minimum design standards set forth in this chapter; provided,
however, that any higher standards adopted by any highway district. the Idaho
transportation departmem or health agency shall prevail over those set forth herein.
. Eagle City Code Section 9-3-2-2 (A) Street Widths:
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
ZOning Maximum D D ,""om Street Maximum Minimum Lot Area Minimum
District Height t SiJe Side Lot Covered (Acres Or Sq. Ft.) G Lot
And H' Width I'
E] D EJ EJ r=J EJ 135% 1137,000 I~
jurisdiction.
. Eaglc City Code Section 9-3-5 (A) LOTS. Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the
official height and area regulations as set forth in section 8-::!-4 of this code.
. Eagle City Code Section 9-3-6 Easements:
A. Unobstructed utility e.lsements shall be provided along front lot lines. rear lot Jines and
side lot lines when dl'emed necessary. Total easement width shall twt be less than
twelve feet (l::!').
B. Unobstructed drainageway easements shall be provided as required by the city council.
C. All natural drainage courses shall be left undisturbed or be improved in a manner
which will improve the hydraulics and ease of maintenance of the channel.
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. Eagle City Code Section 9-3-7 Planter Strips and Reserve Strips:
A. Planting Strips/Buffer Areas: Planting stripslbuffer areas shall be required to be placed
next to incompatible features such as highways, railroads, commercial or industrial
uses to screen the view from residential properties and to provide noise mitigation for
those residents. Such planting stripslbuffer areas shall be a minimum of twenty feet
(20') wide unless a greater width is required within section 8-2A-7 of this code. The
landscape striplbuffet' area shall not be a part of the normal street right of way and
shall comply with all landscape/buffer area requirements within section 1)-2A-7 of this
code.
. 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 subdi vision.
· Eagle City Code Section 9-4-1-6 (B)(l)(c & d) Location:
1. 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 dements within the comprehensive plan and the ridge to rivers
pathway plan;
d. Neighborhoods;
· 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 lallllseape strip shall be
completed with sod, :tutomalic itTigation. and planted with 3-inch minimum caliper
shade-class trees alollg all streets within the subdivision. Installation of landscaping
shall be in accordance with Section 8-2A-7 of this Code.
. Eagle City Code Section 9-4-1-8 UNDERGROUND UTILlTlES
Underground utilities are required.
· 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 Eagle Comprehensive Plan Land Use Map designates the property as "Residential Two"
The Eagle Comprehensive Plan Land Use Map designates the property as "Residential One"
with a density not to exceed I unit per acre. The overall density of the proposed Sylvan Woods
Subdivision is .94 units per acre.
· Currently, the approximate 25.41-acre parcel is being utilized as farm ground. With the
development of this site. the applicant proposes a thirty one (31) lot residential subdivision
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KIPtannir,g DeptlE.lgle Applications\Sli BSI21XJ61Sylvan W(X,ds ccf.doc
(24-buildable lots and 7-common lots). The applicant is proposing to remove all eXtstlllg
structures from the site, which should be 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 the proper approvals for the removal of the existing well and septic tank should
be provided prior to the submittal of the final plat.
· The proposed development provides building lots ranging from 37,006 square feet to 47,830
square feet in size. The applicant is requesting an R-I zoning designation; the required
minimum lot size in an R-l zone is 37,000 square feet. The proposed subdivision design
complies with the technical requirements (or will pursuant to the conditions outlined herein) of
Eagle City Code.
· Per Eagle City Code, subdivisions with an R-I zoning designation do not require a specific,
minimum amount of open space. However, the proposed development includes 2.24 acres
(8.8%) of the site as common area open space including a gathering area. landscape islands
within a cul-de-sac, and land,cape buffer adjacent to Ballantyne Lane.
· The letter received from the City Engineer, dated June 21, 2006, enumerates a list of
conditions by v.hich the project should comply. City staff agrees with the list of conditions
with the exception of condition number 12. With regard to this condition (relating to cul-de-
sac length), the applicant ptoposes to construct a single cul-de-sac in exCl':SS of the 500-ft
maximum length established under ECC 9-3-2-1(G). Due to the fact that the properties
surrounding this site are already developed (with no stub streets). access tll the site from thc
west and south is not possible. Moreover. Floating Feather Road is designated in the Eagle
Comprehensive Plan as a Minor Al1erial, and due to such a designation. the need to limit
access points to the north of this development is important to preserve the long range function
of Floating Feather Road. Therefore, access to the nonhern p0l1ion of the site would best be
served through an extended-kngth cul-de-sac with the caveat that a "'bulb" type turn around be
provided mid-point in the street (similar to the street and cul-de-sac design in Lockwood
Subdivision). The Eagle Fire District is in support of the 745-foot length and the proposed
length is in compliance with the lntemational Fire Code.
· The New Dry Creek Canal borders the northern boundary of the development. Due to the
location of the canal, a 404-Permit may be required by the Army Corp of Engineers for
development in the area. The applicant should provide documentation from the Army Corps of
Engineers regarding the requirement of a 404- Permit prior to submitting application for final
plat approval.
STAFF RECOMMENDED FINDINGS:
· Rezone: With regard to Eagle City Code Section 8-7-5 "'Action by the Commission and
Council", and based upon tile information provided to staff to date. staff believes that the
proposed rezone is in accordcmce with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of R-l (Residential-up to one units per acre) is
consistent with the Residential One 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-I zone (Residential-up to one unit per acre) is compatible with the R-
E (Residential Estates) zone and land use to the north since that area has been
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developed with lots of similar size;
d. The proposed R-l zone (Residential-up to one unit per acre) is compatible with the R-
2-DA (Residential-two units per acre with a development agreement) zone and land
use to the south since that area has been developed with lots of similar size;
e. The proposed R-l zone (Residential-up to one unit per acre) is compatible with the R-
1 (Residential-up to one unit per acre) zone and land use to the east since that area is
designated as Residential One in the Comprehensive Plan and has been developed
with lots of similar size;
f. The proposed R-I zone (Residential-up to one unit per acre) is compatible with the A-
R (Agricultural-Residential-up to one unit per 5-acres) zone and land use to the west;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area" as described \\ ithm the Comprehensive Plan; and
h. No non-confol'ming uses are expected tu 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:
1. 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. The proposed development will provide continuity with the capital improvement plan
for municipal water through a memorandum of agreement for providing water from
the City of Eagle mUllicipal water system;
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 tu suppOt1 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
August 7, 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 by no one.
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K\Plannir:g Depl\Elgk Applications\S[ 'RS\?()()6\Sylvan Wood" ccfdnc
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 4 to 0 (Jacobs absent) to recommend approval of A-13-06 and RZ-16-06
for an annexation and rezone from RUT to R-I-DA for Sylvan Wood I, LLC, with the conditions
to be placed within a development agreement as shown within their findings of fact and
conclusions of law document, dated August 21, 2006.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 (Jacobs absent) to recommend approval of PP-14-06 for a
preliminary plat for Sylvan Woods Subdivision, for Sylvan Wood L LLC, with the site specific
conditions of approval and standard conditions of approval shown within their findings of fact and
conclusions of law document, dated August 21,2006.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Council on September 26. 2006, at which
time testimony was taken and the public heal'ing was closed. The Council made their decision at
that time.
B. Oral testimony in favor of this proposal was presented to the City Council from no one (other than
the applicant/representative).
C. Oral testimony in opposition to tr.is proposal was presented to the City Council hy no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-I3-0(J/RZ-16-06 for an annexation and rezone from RUT
to R-I-DA, for Sylvan Wood I, LLC, with the following Planning and Zoning Commission
recommended conditions to be pIKed within a development agreement.
Further, the Council voted 4 to 0 to approve PP-14-06 for a preliminary plat for Sylvan Wood
Subdivision, for Sylvan Wood I, LLC, with the Planning and Zoning Commission recommended
site specific and standard conditions of approval with strike through text to be deleted by the
Council and underline text to be added by the Council (conditions following the Development
Agreement 'Conditions of Development' below).
CONDITIONS OF DEVELOPMENT:
2.1 The maximum overall density of the property shall not exceed .94 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 or be required. If the City determines that any such changes require additional puhlic
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 development shall comply with the Eagle City Code, as it exists in final forlll at the lime a
design review application is made, including compliance with all of tile conditions as provided
within this development agreemelll.
2.4 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 and approving the
final construction plans pnor to submittal of the final plat application.
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K:IPlanning DeptlEagle Applications\SUBSl2006lSytvan Woods ccf.doc
2.5 A copy of the recorded record of survey for the property line adjustment (Ada County File
#200600188) shall be provided to the City prior to submittal of the final plat.
2.6 Pay all fees associated with this d~velopment agreement prior to the City's execution of the
development agreement.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the development agreement for RZ-16-06.
2. Comply with all requirements of the City Engineer (excluding item no. 12 as noted on their
response letter dated June 21, 2006).
3. Provide a revised preliminary plat sho'A'ing an eA'ler';0ncy v0hicle t[,lrtl aro[,lnd an landscape i.;Ial1ll
locates on tile northern c[,I1 de sac 500ft north of till) intersection \\ith tl10 entry road. prior to
~;[,Ibmitting a Design Revie',l, application. The Wrn aro[,lnd :;hall be jesigned an apprm'0id by
,^.CHD aHd tile Ragl.:! fire DBpartment.
4. The applicant shall submit paym~nt to the City for all engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
5. Provide a revised preliminary plat showing minimum cul-de-sacs radii of 102' with 20' wide
(minimum) landscape islands. Written approval of the cul-de-sacs and landscape islands shall be
provided from the Eagle Fire District prior to the submittal of the final plat application
6. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404-
Permit prior to submittal of the final plat application.
7. The grass swales 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 sod.
8. Provide a revised preliminary plat showing a typical street section of Ballantyne Road with a five
foot (5') wide (minimum) detach~d concrete sidewalk within the ]lW-foot wide landscape buffer,
prior to submitting a Design R~view application. The sidewalk shall be installed prior to the
issuance of any occupancy permits within the subdivision.
9. Provide a revised preliminary plat with note #3 changed to read, "Each side of common residential
lot lines have a six foot (6') wide permanent public utilities, irrigation, and drainage easement"
prior to submittal of the final plat application.
10. Provide a revised preliminary plat with note #4 changed to read, "A twelve foot (12') wide
permanent public utility, irrigation, and drainage easement shall be provided along all exterior lot
boundaries" prior to submittal of the final plat application.
11. Provide a revised preliminary pbt including a plat note or delineate a minimum twelve foot (1:2')
wide utility easements along the front and rear property lines of each lot, prior to submittal of the
final plat.
12. All overhead utilities on the site shall be removed and placed underground, prior to the issuance of
any building permits for the site.
13. The developer shall provide 3-inch mtmmum 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 generally at each side property line, or
as approved by the Design Review Board. The trees shall be located in the 8-foot wide landscape
strip between the 5-foot wide COIlCrete sidewalk and the curb. Prior to (he 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
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K\Plallnillg Dept\E.lgle Appli(atiolls\SL]BS\~O(J6\SylvJ.1l Wood-.; ccLdoc
improvements. Trees shall be insralled prior to obtaining any occupancy permits for the homes. A
temporary occupancy may be issued if weather does not permit landscaping.
14. All living trees 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 approyal 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.
15. The applicant shall provide a ilndscape plan showing berming, fencing, and plaming details
within the required 50-foot wide buffer area along Floating Feather Road for review and approval
by the Design Review BOJrd, 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.
16. The applicant shall provide a IJndscape plan showing berming. fencing. and planting details
within the required 35-foot wide buffer area along Ballamyne Lane 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.
17. 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.
18. Extend the landscaping within the buffer area along Floating Feather Road and Ballantyne Lane to
within 9-feet from the edge of pavemem or an alternative form of compliance as recommended by
the Eagle Design Review Board and approved by the City Council. 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.
19. The applicant shall submit a design review application with a landscape plan showing planting
details, screening details, building elevations for an irrigation pump house or any type of irrigation
facilities, and other proposed amenities within all common lots for review and approval by thc
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-l zoning district.
20. The entire Sylvan Woods developmem shall remain under the control of one Homeowner's
Association.
21. The applicant shall place a note on the final plat that al t common areas arc to he owned and
maintained by the Sylvan Woods 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 Sylvan
Woods 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 unless written approval has been received from the City of
Eagle.
22. Provide a clause in the CC&Rs that requires one homeowners association to maintain in perpetuity
all grass swales located within the development. The clause shall further state that the grass swales
are not to be filled with soil or other material that would block proper drainage. The CC&Rs shall
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K:\Planning Dept\EJgle Applicatiolls\SlJBS\2006\Sylvan \Vood" ('cf.doc
be reviewed and approved by the City attorney and the City engineer prior to the approval of the
final plat.
23. Provide a letter from the New Dry Creek Ditch Company approving 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.
24. Submit construction drawings to the City Engineer for review and approval of any irrigation
facility not under the purview (If the New Dry Creek Ditch Company to ensure the irrigation
facilities are designed and conslructed correctly to provide uninterrupted delivery of irrigation
water to downstream users.
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 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 permiltld, wet line sewers will be required and the .rpplicant will be
required to furnish the City Engineer with a letter from the sewer entity servltlg 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 witb individual septic systems shall have the septic systems placed on
the street side of the home or sh..\ll 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 3 I -3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands irl 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 deli very 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 riml plat.
9. The applicant shall submit a letler from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
celtifying 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 subt1Jitted to the City Engineer for revie\\ and apprmal prior tu the
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K.IPlanning DeptlE.,gle Applicatio<ls\StIBSI~()()6\Sylvan Woods cerdoc
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 bt: 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 ilTigation 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 flolV 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, ht:ight and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement. acceptable to the City
Engineer. for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1.000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc. '. Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
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K\Planning DeptlE.,gle Applications\SUBSI2006\Sylvan Woods ccf.doc
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 Attorncy
prior to the City Engineer signing the final plat.
16. Should the homeowner's associat'on 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 tile 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 w rjting 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 Commit lee 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 01 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 Ri\cr 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 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
Page 2 I of 24
K.\Plalll1il:g Depl\Elgk :\ppli,--';itioll~\SI 'BS\2iJ(J()\SylvJn WOlli.!" (.:(!',Ulll
City Council (ECC 9-6-5 (A) (2)).
28. 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 pl:J.t 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 applicJtion 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, cl:J.ims in any way associated with this application.
32. The applicant shall submit cut sh'cets showing street lighting details for review and approval by the
Zoning Administrator privr to tile submittal or the rinal plat. The plans shall show how the
streetlight> will facilitate the "Dark Sky" concept of lighting
33. 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.
34. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuJnt to the Idaho Right to Farm Act.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
I. A Neighborhood Meeting was held in compliance with the application submittal requirement of Eagle
City Code at 6:00 PM, May 3, 2006. The annexation, rezone, and preliminary plat applications for this
item were received by the City of Eagle on May 18, 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 June 26, 2006. Notice of this public hearing was mailed to property owners within
three-hundred feet (JOO-feet) of the ,ubject property in accordance with the requirements of Title 67,
Chapter 65. Idaho Code and Eagle City Code on May 19. 2006. The site was po>ted in accordance
with the Eagle City Code on May 26, 2006. Requests for agencies' reviews were transmitted on May
19,2006 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on August 28,
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 August 24, 2006. The site was posted in accordance with the Eagle City Code on
June 30, 2006.
Page 22 of 24
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3. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
(A-013-06/RZ-16-06) 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 annexation and rezone
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The requested zoning designation of R-l (Residential-up to one units per acre) is consistent
with the Residential One designation as shown on the Comprehensive Plan Land Use Map;
b. The information prO\ ided fi'Om the agencies having jurisdiction over the public facilities
needed for this site indicates that adequate public facilities exist, or are expected to be
provided. to serve all uses all')wed on this property under the proposed zone:
c. The proposed R-l zone (Residential-up to one unit per acre) is compatible with the R-E
(Residential EstJtes) /One ar,d land use to the north since that area has been developed with
lots of similar size;
d. The proposed R-l zone (Residential-up to one unit per acre) is compatible with the R-2-DA
(Residential-two units per aCt-e with a development agreement) zone and land use to the south
since that area has been developed with lots of similar size;
e. The proposed R-l zone (Residential-up to one unit per acre) is compatible with the R-l
(Residential-up to one unit per acre) zone and land use to the east since that area is designated
as Residential One in the Comprehensive Plan and has been developed with lots of similar
stze;
f. The proposed R-l zone (Residential-up to one unit per acre) is compatible with the A-R
(Agricultural-Residential-up to one unit per 5-acres) zone and land use to the west;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprellensive Plan; and
h. The proposed use, as conditioned within the development agreement, will not create a non-
conforming use with the R-l zone.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-04-
06) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title l) (Subdivisions) because:
a. 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 Citv Code Title 9, as
shown within the findings provided within this document and the proposed residential use is
in accordance with the re,idential land use designation of this area shown within the
Comprehensive Plan;
b. The subdivision will be sen ed 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 <l part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire
District, Eagle Sewer District, and United Water Company as conditioned herein, there is
adequate public financial capability to support the proposed development;
e. 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.
Page 2.3 of ~4
K,\Plannirg Dept\E.lgle Applicaliolls\SlIBS\2006\Sylv<1n \Yomls cd,doc
DATED this 24th day of October 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Page 24 of 24
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