Findings - PZ - 2016 - PP-16-06 - Eagle Creek West Subd/114-Lot/32.7 Acre/839 N. Linder Road
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT FOR EAGLE )
CREEK WEST SUBDIVISION FOR JLJ )
ENTERPRISES,INC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-16-06
The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission
for their recommendation on November 6, 2006. The Eagle Planning and Zoning Commission having
heard and taken oral and written testimony, and having duly considered the matter, makes the following
Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
JLJ Enterprises, LLC, represented by Phil Hull with The Land Group, Inc., is requesting
preliminary plat approval for Eagle Creek West Subdivision, a 1 14-Iot (98-buildable, 16-
common) subdivision. The 32.7 -acre site is located approximately 1,640 feet north of
State Highway 44, on the west side of North Linder Road at 839 North Linder Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held frorn 6:00-7:00 PM, March 14,2006, at the office of
The Land Group, Inc., in compliance with the application subrnittal requirement of Eagle
City Code. The application for this item was received by the City of Eagle on August 23,
2006.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Cornmission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City ordinances on October 16, 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 October 13, 2006. Requests for agencies' reviews were transmitted
on August 25, 2006, in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on October 25,2006
D. HISTORY OF PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation and rezone (A-09-05/RZ-
13-05) for this site to R-2-DA-P (Residential -up to two units per acre planned unit
developrnent with development agreement).
On October 10, 2006, the development agreement associated with the rezone (RZ- I 3-05)
for this property was executed. The development agreement was recorded at the Ada
County Recorder's Office on October 12,2006, Instrument No. 106161990.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Residential Two (2 units R-2-DA-P (Residential-2 Smgle-family residence
per acre maximum) units per acre planned unit and farm ground.
development with a
development agreement)
Proposed No Change No Change Single Family, Residential
Subdivision
North of site Residential Two (2 units R-2-DA-P (Residential-2 Legacy Planned Unit
per acre maximum) units per acre planned unit Development
development with a
development agreement)
South of site Residential Two (2 units R-2-DA (Residential-2 units Single-family residence
per acre maxirnum) per acre with a development and pasture
agreement) (Proposed Cabra Creek
Subdivision)
East of site Residential Three (3 units R-3-DA(Residential-3 units Senora Creek Subdivision
per acre maximum) and per acre with a development and proposed Galileo
Public/Semi-Public agreement) and PS-DA School
(Public/Semipublic with a
development agreernent)
West of site Residential Two (2 units R-2-DA-P (Residential-2 Eaglefield Estates Planned
per acre rnaximurn) units per acre planned unit Unit Development
development with a
development agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site - 33.46 acres
Total Number of Lots - 114
Residential - 98
Commercial - 0
Industrial - 0
Common - l6
Total Nurnber of Units - 98
Single-family - 98
Duplex - 0
Multi-family - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.99 units per acre Less than 3.00 units per acre*
Minimum Lot Size 5, I 99 square feet 3,800 square feet*
Minimum Lot Width 50-feet 50-feet
Minimum Street Frontage 36- feet 30-feet*
Total Acreage of Common Area 6.0 I acres 5.02 acres*
Percent of Site as Common Area 18.37 % 15%*
* Note: The minimum requirements are based on the Conditions On Development of Eagle Rezone Application RZ-I 3-
05, Condition No. 3.4.2.4, outlined within the recorded executed development agreement, Instrument No.
106161990.
I. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
As required by Eagle City Code Section 8-2A-7(J)(4)(b), the applicant has provided a
fifty-foot (50') wide buffer area adjacent to N. Linder Road to allow for the construction
of the required buffer. All berming, fencing and landscaping details, including any
proposed purnp houses for pressurized irrigation, are required for Design Review Board
review and approval prior to subrnittal of a final plat.
Open Space and Design:
The proposed development includes 6.0 I acres (18.37%) of common area. The common
area consists of the required buffer area along N. Linder Road, several common lots
consisting of 3.68 acres (approximately). These common lots consist of an area with a
pathway located adjacent to the northern boundary providing interconnectivity with the
proposed Legacy development, a pathway area providing interconnectivity to the adjacent
property to the south of the development, four landscape islands within the cul-de-sacs and
knuckle, an entrance island at the intersection ofW. Saguaro Way and N. Linder Road and
six lots adjacent to intersections to allow for reduced side setbacks. A 2.29 acre
neighborhood park area is provided within the center of the development to provide an
area for a soccer field.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance has subrnitted 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 Jot 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.
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Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic Systern (yes or no) - no
The existing dwelling is to be removed; therefore th~\ existing septic system will also be
required to be removed. The applicant will be required to obtain the proper permits for
abandoning the existing septic systern.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. The Middleton Canal with riparian vegetation is located along
the southern boundary of the site. There are also mature trees located in proximity to the
existing residence.
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 developrnent 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 the following roadway widths within the development as
shown on the road sections provided with the preliminary plat date stamped by the City on
October I I, 2006:
The access point from Linder Road is shown to be constructed using an 80-foot (80') wide
road section inclusive of an eleven-foot (I I ') wide planter dividing the two lanes. Each
Jane will be twenty-one feet (21') wide.
The local roadways will be a thirty-six foot (36') wide roadway section (as measured from
back of curb to back of curb).
The cul-de-sacs will be constructed utilizing a 100-foot right-of-way with a twenty-nine
foot (29') wide travel lane on each side of the cul-de-sac island. The planter islands
located within the cul-de-sacs are proposed to be thirty-two feet (32') in width. The
applicant is proposing six inch (6") vertical curb located adjacent to the islands and the
landscape strips.
Applicant's Justification for Private Streets (if proposed): None proposed
Cul-de-sac Design:
Three (3) Cul-de-sacs are proposed:
Pumice Court: 60-feet in length with a radius of fifty foot (50') of right of way.
Shale Place: nO-feet in length with a radius of fifty foot (50') of right of way.
Magma Court: 25-feet in length with a radius of fifty foot (50') of right of way.
The road sections shown on the preliminary plat date stamped by the City on
October I 1,2006 show the cul-de-sacs with rolled 3" curbs, detached sidewalks,
eight foot (8') planter strip, with a twenty-nine foot (29') travel lane.
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There is one knuckle with a landscape island proposed in the northeast corner of
the subdivision. The knuckle is located adjacent to a stub street to the parcel to the
north.
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of all
roadways.
Curbs and Gutters:
All roadways with the exception of the cul-de-sacs will have rolled 3" curb and gutter. All
roads are proposed to have eight-foot (8') wide planter strips and five foot (5') wide
detached sidewalks on both sides of the roadway. The entrance road and cul-de-sacs are
proposed to have 6" vertical curb.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning
Adrninistrator prior to the submittal of the final plat. Any modifications made to the lights
shall be completed before the final plat approval.
Street Names:
Street narne approval by the Ada County Street Name Committee has not been received to
date. Approval from that cornmittee is required prior to final plat approval.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULA nON:
Pedestrian Walkways:
Pedestrian walkways are provided through a multi-purpose pathway system and the
detached sidewalk system. The pathway system will also connect existing and future
residential developments on the adjacent parcels.
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 speclfied
by the City Council.
L. PUBLIC USES PROPOSED:
See "Open Space and Design" noted above.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Potable Water:
The developer will be required to connect to the City of Eagle's municipal water system
originating within from the Legacy and Eaglefield planned unit developments.
Sewer:
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 District would need to review and approve off-site central sewer
construction plans for the proposed development before connection to the existing system
would be allowed.
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Pressurized Irrigation:
The applicant has submitted a pressurized irrigation system assessment indicating
sufficient water shares to serve the development. The system will connect to and be
supplied by the pressure irrigation distribution system and purnp station to be constructed
with the Legacy planned unit development.
Schools:
Joint School District No.2 states that the Meridian School District is currently operating
beyond capacity. Residents within this development cannot be assured their children will
be attending neighborhood schools, as it may be necessary to bus students to other schools
across the district.
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes-adjacent to the existing residence
Riparian Vegetation - yes-adjacent to Middleton Canal
Steep Slopes - no
Stream/Creek: yes-Middleton Canal
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - Yes-pheasants and quail
Historical Assets - unknown
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is 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 October 30, 2006, are of special
concern (see attached).
Ada County Highway District
Boise River Flood Control District No. 10
Central District Health
Division of Environmental Quality
Eagle Fire Departrnent
Eagle Sewer District
Idaho Power
Joint School District No.2
R. LETTERS FROM THE PUBLIC: None
S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has not provided a schedule for the deveIoprnent of the site.
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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 Two:
Suitable primarily for single family residential development within areas that are rural in
character.
Chapter I - Overview
1.1 City of Eagle Statement of Purpose
b. To ensure that adequate public facilities and services are provided to the
people at reasonable cost.
J. To encourage local school districts to participate in the community planning
and development process so as to address public school needs and impacts on
an ongoing basis.
Chapter 4 - Schools, Public Services and Utilities
4. I Background
Public utilities, facilities, and services are necessary for the overall welfare of the public
and are generally available to Eagle residents. The City and special districts provide the
basic services of water, sewer, school, police, fire and library to residents. With Eagle's
growing population 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 lI1dustrial
developrnent. 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 service
area.
· The Meridian and Boise School Districts provide K-I2 education.
· United Water, Eagle Water Company, and the City provide water to Eagle reSIdents.
Sorne private water systems and wells are also used.
· Private canal cornpanies and drainage districts provide irrigation water and drainage
water management.
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4.27 Other Services and Utilities
Pressure Irrigation
The City of Eagle currently requires the installation of pressurized irrigation systems
for the irrigation of landscaping when new development is within an irrigation district
and water rights are available.
4.3 Goal
To meet the expected demands of the City and its Impact area:
a. Encourage the provision of public utilities, services, and schools.
b. Support the enhancement of the public educational system with
emphasis on promoting quality school facilities.
4.4 Objectives
b. To support school district efforts to provide school sites and facilities that
accommodate student enrollrnent.
Chapter 6 - Land Use
6. I 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 undesirable 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 and development to ensure that evolving land use patterns remam
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 comrnunity.
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
transportation systems.
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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
water delivery and to coordinate surface water drainage to be compatible with
irrigation systems.
I. Farm related uses and activities should be protected from land use conflicts or
interference created by residential, commercial, or industrial development.
The Idaho Right To Farm Act should be promoted.
Chapter 8 - Transportation
8.6 IrnpIementation Strategies
i. 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.
Chapter 9 - Parks, Recreation and Open Spaces
9.5 Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separated features from
bicycle and pedestrian lanes constructed as a part of a roadway.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
9.5.3 Implementation Strategies
d. Construct bridges to provide access to existing and future b'feenbelt and
pathway system easements.
9.6 Open Spaces
Open space is land which is not used for buildings or structures and offers
opportunities for parks, recreation, water arnenities, 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.
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9.6.2 Objectives
a. To establish open space to protect the finite resource base of Eagle's natural
environment - air, ground water, surface water, soil, forested areas, plant and
wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and
wetlands.
b. To provide an open space setting for active and passive recreation for all age
groups throughout the community.
c. To protect against hazards that are inherent to flood plains, flood ways, steep
slopes, and areas of geological instability.
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
managernent (i.e., grassy swales, constructed wetlands, and water features).
Chapter 12 - Community Design
12.4 Implementation Strategies
k. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridgelines as visual amenities.
I. Encourage the development of pathways and open-space corridors throughout
the City.
o. Encourage the planting and preservation of trees that will create beauty and
add to the healthy environment of downtown (see Eagle Tree Plan below).
q. Maintain the rural residential character and open space environment in and
around the City.
12.5 Eagle Tree Plan
12.5.1 Goal
To establish and enhance areas of tree growth that will create beauty, add to a healthy
environment and increase economic stability.
B. SOARING 2025 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
Chapter 4 Public Facilities and Services
4. I Background
As the City of Eagle develops westward it is important to understand the variety
and availability of services within the area. Numerous special districts combine
with City services to protect and enhance the health safety and welfare of the
Eagle community.
4.2 Schools
The Western Planning Area is located completely within the Meridian School
District and currently attends the following schools:
Eagle High School
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Eagle Middle School
Sawtooth Middle School
Star Elementary School
Andrus Elementary School
Eagle Elernentary School
4.6. I Domestic Water Goals
Ensure a safe, reliable and cost-efficient water supply, distribution system and
storage reservoir to support water demands of current users and projected
demands ofland development in accordance with the Eagle Comprehensive Plan.
Develop a groundwater supply and water storage system to provide for domestic,
emergency, and fire flows that meet federal, state and local standards and the
service demands of development.
4.6.2 Objectives
Develop an interconnected water system owned and operated by the City.
Protect groundwater quality and conserve the natural groundwater resource.
Ensure water service shall provide a minimum of 40 psi and a maximurn of 85-90
psi, and fire flows of 1,500 gallons per minute, in accordance with state
requirernents.
Promote the utilization and reuse of surface water sources for non-potable uses
such as irrigation and water amenities.
Ensure that the cost of new and upgraded water facilities is borne by those who
benefit from them.
4.6.3 Implementation Strategies
d. Require a separate water system for use of non-potable water, where
available, for landscape irrigation and water amenities and to minimize
reliance on groundwater for these uses.
g. Protect current residents frorn paying for service that principally benefits
new development.
h. Ensure all new development with in the Western Planning Area connects
to municipal water services.
4.7 Irrigation Water
The City of Eagle sets in an irrigated river valley partitioned by several major
irrigation systems operated by irrigation districts or companies. These entities
and the water resource they manage are an integral element in the development of
greenscape that typifies the Boise River Valley. This resource and distribution
network also provides significant recharge to the shallow ground water zone upon
which many wells and water amenities depend.
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4.7.1 Goals
Protect the existing irrigation system and increase use or reuse of the surface
water resource for park, residential and cornmercial landscape irrigation and water
amenities.
Maintain irrigation standards that promote the conservation and reuse of surface
water.
4.7.2 Objective
Ensure that new development incorporates existing irrigation water for landscape
irrigation and water amenities when water rights are available on-site or by means
of appropriation or transfer.
Maintain surface water rights within general areas of use to ensure adequate
supply for the enjoyment of amenities such as city parks and greenbelts.
4.8 Storm Drainage/flood Control
Storm Drainage
With the continued construction of impermeable surfaces such as rooftops,
asphalt streets, and concrete drives, storm water run-off has become a matter
requiring increased control and management. Receiving streams abundant with
fish and other aquatic life must be protected from the pollutants that may become
concentrated in storm water. The City of Eagle has made significant progress in
setting standards for storm water discharge by developing standards for surface
and subsurface discharge that are protective of receiving waters and assure longterm
reliance of subsurface treatment facilities.
4.8.3 Implernentation Strategies
a. Require that adequate on-site treatment, storm drain and flood-control
facilities be constructed coincident with new development.
Chapter 6 Land Use
6.4 E floating Feather Planning Area
The floating Feather Planning Area is designated as residential with
limited ancillary uses to be incorporated as allowed by the planned unit
development standards. This area should provide trails, open space, and
parks in conjunction with varied housing options. The overall density of
the area is I -2 units per acre.
6.4E.1 Uses
The land use and development policies specific to the floating Feather
Planning Area include the following: Integration of mixed residential lot
sizes at a overall density of 1-2 units per acre;
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Setbacks from streams, irrigation and drains for trails and open space
6.4EA Issues
The main concerns in the development of the area are the integration of
varying lot sizes and housing styles. The vision for the area is contingent
on the integration of uses and providing a flow of housing units
throughout the area to avoid creating defined separation from estate areas
and patio home areas, for example. Further, the provision of open space
and trails through the area should be key to the development approval of
the area.
C. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8- 1-2
Open Space
A cornrnon area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the
sky, exclusive of streets, buildings and other covered structures, and shall be
designated and intended as a useable and convenient amenity to any proposed
development. Wetland areas, drainage ditches, irrigation ditches, and similar
features shall not be considered as a part of the minimum area of open space
required.
· Eagle City Code Section 8-2A-7 J(4)(b) Major Roadways:
b. Any road designated as a rninor 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 ofnght 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 rnore 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.
ChainIink, cedar, and similar high maintenance and/or unsightly fencing shall not
be permitted.
· Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces:
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 development.
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. Eagle City Code Section 8-10-1 (A and F) Development Agreements, Requirement and
Restrictions:
A. Purpose: Development agreements are a discretionary tool to be used by the
council as a condition of rezoning. Development agreernents allow a specific
project with a specific use to be developed on property in an area that is not
appropriate for all uses allowed or conditional in the requested zone.
F Duty To Comply With Development Agreement: An owner, subsequent owner,
and each other person acquiring an interest in property that is restricted by a
development agreement adopted pursuant to this section, shall comply with the
terms, conditions, obligations and duties contained in the development agreement.
D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. 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 department or health agency shall prevail over those set forth herein.
. Eagle City Code Section 9-3-6 Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines
and side lot lines when deerned necessary. Total easement width shall not be less
than twelve feet (12').
B. Unobstructed drainage way easernents 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 ofrnaintenance of the channel.
. Eagle City Code Section 9-3-7 Planter Strips and Reserve Strips:
A. Planting Strips/Buffer Areas: Planting strips/buffer 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 strips/buffer areas shall be a
minimurn of twenty feet (20') wide unless a greater width is required within
section 8-2A-7 of this code. The landscape strip/buffer area shall not be a part of
the normal street right of way and shall comply with all landscape/buffer area
requirements within section 8-2A-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 subdivision.
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. Eag]e City Code Section 9-4-1-6 (D) Pathway Design:
While the city may exercise considerable discretion in determining the design of
pathways, the following minimum standards should be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (] 0') in
width. Micropathways within subdivisions which are designed for primary use by
the residences of the subdivision shall be a minimum six feet (6') wide and shall be
located within a sixteen foot (]6') wide pedestrian access easement. Regional
pathways such as the Boise River greenbelt and pathways located adjacent to major
roadways shall be a minimum ten feet (10') wide and shall be located within a
twenty foot (20') wide pedestrian access easement.
2. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles
while allowing use by bicycles, wheelchairs and other modes of travel.
3. A five foot (5') wide landscaped arealbuilding and fence setback, as measured from
both edges of the paved path, shall be required, and will be owned by either the
abutting property owner(s) or a homeowners' association unless accepted by a public
entity. The five foot (5') wide landscaped area on either side of the pathway may be
decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt
to the easement line) when used in conjunction with a meandering pathway,
however, the total width of the landscape area shall not be less than ten feet (] 0')
(i.e., 2 feet on one side of the path and 8 feet on the other). For safety purposes,
planting material in this area is limited to three feet (3') in height. The landscape,
fence and building regulations for this area shall be indicated by a note on the plat.
5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from
damaging the pathway surface. The root barrier shall consist of black injection
molded panels with a minimum of 0.085 inch wall thickness in modules a minimum
of twenty four inches (24") long by twenty four inches (24") deep. Each panel shall
have no less than four (4) vertical deflecting ribs of a minimum 0.085 inch thickness
protruding one-half inch (]/2") at ninety degrees (900) from the interior of the panel,
spaced six inches (6") apart. A minimum of nine (9) antilift tabs, three (3) each
between the vertical ribs, shall be integrated into each panel, measuring a minimum
of 0.085 inch thickness and protruding three-eighths inch (3/8") from the panel wall.
An integrated joining system shall be employed for instant assernbly by sliding one
panel into the other. An alternative type barrier system of equal root penetrative
resistance may be considered on a case by case basis, subject to the approval of the
zoning administrator.
6. In order to design for crime prevention the following design standards will be
followed:
a. The use of "see through" fencing is preferred, as it provides better visibility
from adjacent homes or buildings. If solid fencing is used it may not exceed
four feet (4') in height.
b. Adequate lighting may be provided as determined by Eagle city council and
may be owned and rnaintained by the city of Eagle once the path is turned over
to the city for maintenance.
c. The use of corners and curves in the design of the paths is discouraged.
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. Eagle City Code Section 9-4-1-7 Bicycle Pathways:
A bicycle pathway shall be provided within all subdivisions as part of the public right
of way or separate easement, as may be specified by the city council.
E. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS DEVELOPMENT:
3. I All development of the Property shall be consistent with the Landscape, Site Design, and
Architectural Design Guidelines attached hereto and incorporated herein as Exhibit E and be
generally consistent with the Concept Plan attached hereto as Exhibit A; provided, however, it
is the intent of this Agreement to allow flexibility at the time a detailed plan and platting are
submitted to the City so long as the general intent of the Concept Plan and the requirements
set forth in this Agreement are met.
3.2 Applicants will develop the Property subject to the conditions and limitations set forth in this
Agreement. Applicants will also submit such applications regarding design reviews,
preliminary and final plat reviews, conditional use permits, if applicable, and any other
applicable applications as may be required by the Eagle City Code in effect at the time this
Agreement is recorded.
3.4 Development of the Property shall comprise three primary elements: residential development,
commercial/office development, and open space, as described below.
3.4. I Residential Development
3.4.1. I Up to 1,373 dwelling units may be developed on the Property.
3.4. 1.2 Residential development on the Property shall not exceed a total of 437.3
acres nor substantially exceed the acreages for the housing types set forth in
the below table:
Approx.
Product Type Approx. Lot Size Acreage
Townhouse 3,800-4,999 SF 35.7
Patio 5,000-7,999 SF 116.0
Custom 8,000-11,999 SF 136.5
Estate 12,000+ SF 149.1
3.4.1.3 The total number of townhouses developed on the Property shall not
substantially exceed 20% of the aggregate dwelling units allowed, with the
mixture ofresidential uses generally conforming to the following categories:
Product Type Approx. Lot Size % of Units Approx. Number of Units
Townhouse 3,800-4,999 SF 14-20% 192-275
Patio 5,000-7,999 SF 32-40% 439-549
Custom 8,000-11,999 SF 28-35% 384-481
Estate 12,000+ SF 16-25% 220-343
Not to exceed 1,373
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3.4.1.4 Minimum street frontages for lots and setback distances for residential units
shall cornpIy with the requirements set forth in the below table:
Approx. Lot Setbacks
Product Type I Interior Strcet
Size Frontage Front Rear
Side' Side
15 ft from
5,000-7,999 living
Patio SF 30 ft space/ 20 lOft 5ft 20 ft
ft from
garage
Custom 8,000-11,999 30 ft 20 ft 25 ft 5ft 20 ft
SF
12,000-16,999 30 ft 25 ft 25 ft 7.5 ft 20 ft
Estate SF
17,000 SF + 35 ft 30 ft 30 ft lOft 20 ft
I The minimum street frontage for all flag lots is 20 feet.
2 Additional five feet per story setback for multi-story structures.
] No setback applies to the interiors of connected dwelling units.
3.6 The conditions, covenants, and restrictions recorded against all portions of the Property shall
contain at least the following provisions:
. An allocation of responsibility for maintenance of all community and privately owned
landscaping and amenities
. A requirernent insuring compliance with the design guidelines for all buildings and
amenities, with the exception of single family residences, set forth in Exhibit E hereto
. Establishment of an architectural control board for all buildings prior to building permit
. An allocation of responsibility for the operations and maintenance of the pressurized
irrigation system for the Property
3.8 Prior to issuance of any building permits, Applicants shall provide proof of adequate sewer
service to the proposed residences and commercial uses, by causing a letter of approval to be
provided to Eagle from the Eagle Sewer District.
3.8. I Applicants acknowledge that the Property is located within the City of Eagle
Municipal Water Service Area and compliance with applicable provisions in the Eagle
City Code is required.
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3.9 Applicants shall provide a report or analysis of any proposed changes to wetlands located on
the Property, and any such change shall be contingent upon approval by the applicable state
and federal agencies, along with Eagle, and be in accordance with Eagle's Comprehensive
Plan and the Eagle City Code. Applicants agree all development and improvement of the
Property shall comply with all laws and regulations pertaining to regulated wetlands.
3.1 I Applicants shall provide an on-site, tree lined landscape strip along State HIghway 16, Linder
Road, Floating Feather Road, and the east/west collector and Palmer Lane, which landscape
strip shall include a ten foot wide bicycle/pedestrian pathway, as generally depicted on
Exhibit I attached hereto and incorporated herein and in Eagle's Comprehensive Plan. The
landscaping, including street trees and pathways, shall be reviewed and approved as required
by the applicable provisions in the Eagle City Code and as set forth below:
3.11.2 A 50 foot wide landscape strip along Linder Road and Floating Feather Road shall
include a minimum eight foot high berm/wall combination with extensive landscaping
per ECC 8-2A-7 to provide a buffer.
3.11.4 Property shall be designed to allow for a public roadway connecting the Property to
Floating Feather Road and Linder Road. Approved access points are depicted in
Exhibit J attached hereto and incorporated herein, subject to approval by the ACHD.
3.13 For the purposes of connectivity, streets shall be stubbed as shown on Exhibit J hereto. An
additional stub street shall be provided from the internal collector road north to Floating
Feather Road (east of the school site) and south to what is now known as the Mueller property.
All road and stub street locations shall be reviewed by the ACHD prior to presentation to
Eagle's Planning and Zoning Commission of any preliminary plat depicting, or proposed
amendment to the PUD relocating any such road or street locations.
3.15 Public art, water features, or other features of interest and pedestrian amenities which
encourage pedestrian use (e.g., outdoor drinking fountains, benches, and tables) shall be
constructed on the Property, as generally depicted in Exhibit L attached hereto and
incorporated herein.
3. I 8 Applicants shall obtain a license agreement from the ITD and/or the ACHD to allow the right-
of-way between the Property and the edge of pavement along State Highway 16, Palmer Lane,
Linder Road, and Floating Feather Road to be landscaped by the Applicants, if such an
agreement is approved pursuant to the Eagle City Code.
3.19 Pathways and pedestrian/bicycle public access connecting the public roads to residential areas
and commercial areas shall be consistent with Eagle's Comprehensive Plan and be approved
by Eagle prior to or concurrently with approval of the preliminary plat containing such
pathways and access.
3.21 As required by Eagle City Code, Title 6, Chapter 5, the Property shall become part of Eagle's
municipal water system and comply with the terms of the November 17, 2005, Memorandum
of Agreernent attached hereto and incorporated herein as Exhibit M. All water mains to be
dedicated to the public shall only be constructed on rights of way, easements, or publicly
owned property. Easements or permits secured for main extensions shall be obtained in the
name of Eagle, along with all rights and title to the main, at the tirne water service is provided.
Water mains shall be extended by Applicants to the boundaries of the Property at locations
future water system extensions are expected to occur, as designated by the City Engineer.
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F. DISCUSSION:
. The Eagle Cornprehensive Plan Land Use Map designates the property as "Residential Two" with
a density not to exceed 2 units per acre. The Soaring 2025 (Western Area Plan) Comprehensive
Plan designates this area as being located within the Floating Feather Planning Area, which is a
sub area of the Western Planning area. The property is also located within the area approved as the
Legacy Planned Unit Development.
The overall density of the proposed Eagle Creek West Subdivision development is 2.99 units per
acre. This exceeds the two units per acre density for the area classified "Residential Two" within
the Comprehensive Plan, however the Concept Plan (Exhibit A) of the development agreement for
the Legacy Planned Unit Development shows a total of one hundred (100) units within this area of
the development.
Since this site is contained within the Legacy Development all plat notes and CC&R's referring to
a homeowners' association should reference the Legacy Development Homeowner's Association.
. The applicant has not provided a schedule or phasing plan for the development and the preliminary
plat date stamped by the City on October I I, 2006, does not show a phasing plan. The applicant
should provide a time schedule for the construction of the developrnent and a revised plat showing
a phasing plan if the development is proposed to be phased prior to submittmg a Design Review
application.
. An objective for pathways addressed within the 2000 Comprehensive Plan is to provide a network
of central and neighborhood paths where residents are able to safely access and utilize pathways
for alternative forms of transportation. The pathways within this development provide connectivity
to the proposed subdivision south of this deveIoprnent (Cabra Creek) and also Legacy to the north.
The preliminary plat date stamped by the City on October I I, 2006, shows the pathway on the
north side of the pocket park (Lot 1, Block 3) to be on the east boundary of Lot 13, Block 3. The
preliminary plat also does not show a connection from the pocket park to the pathway located
within Lot 17, Block I, other than the sidewalk located on Spitz Way. The pathway located on Lot
17, Block I leads to the Legacy development north of this developrnent it is important to provide
connectivity from the pocket park to this pathway. The applicant should proVIde a revised
preliminary plat showing the pathway connection from the pocket park to be located on the west
property line of Lot 13, Block 3, and an additional pathway connection to the pathway within Lot
17, Block 1, to be located between Lots 12 and 13, Block I, for review and approval by the Parks
and Pathway Development Committee prior to submitting a Design Review application.
. The preliminary plat date starnped by the City on October I I, 2006, shows a pathway leading from
the pocket park west to Shale Place at the terminus of the cul-de-sac. So that a complete pathway
network may be provided within the development, the applicant should provide a revised plat
showing a pathway leading west frorn the terminus of Shale Place to Bauxite Avenue prior to
submitting a Design Review application.
. The development agreement for the Legacy Planned Unit Development provides for a mix of lot
sizes and a transfer of densities from other areas of the development provided certain criteria are
met. The proposed development provides lots ranging from 5,198 square feet to 17,892 square
feet. The mix of lots provided is within the parameters of the allowed mix as conditioned within
the development agreement.
. The applicant has indicated within the application that canals are located on the north, west, and
south sides of the proposed subdivision. The preliminary plat date stamped by the City on October
II, 2006, does not identify the names of the canals or associated easements. The applicant should
also note and show the utility and drainage way easements to be outside of the canal and ditch
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easernents. The applicant should provide a revised preliminary plat identifying all canals and
ditches, associated easements and utility and drainageway easements to be located outside of the
irrigation easements prior to submitting for a Parks and Pathway Developrnent Committee
recornrnendation and a Design Review Board application.
. The applicant should work with the irrigation and drainage districts that rnay have infrastructure
and/or canals or ditches in proximity to this development. The applicant should provide
documentation or a license agreement approving any improvements or landscaping located within
canal company or drainage district easements or right-of-ways prior to the City Clerk signing the
final plat.
. The preliminary plat date stamped by the City on October I I, 2006, shows the existing dwelling
and several detached accessory structures to be located in the southeastern portion of the property
on Lots 17, 18, and 19, Block 5. The existing dwelling and one of the detached accessory
structures are located across proposed property lines. The applicant should provide a revised
preliminary plat prior showing all existing structures to be rernoved prior to submitting a Design
Review application.
. The existing residence shown on Lot 18 and 19, Block 5 of the preliminary plat date stamped by
the City on October I 1,2006, is currently served by individual well and septic systems. Per Eagle
City Code 8-2-1, centralized water and sewer must be provided to the subdivision. The applicant
should provide documentation showing that proper approvals have been provided for
abandonment of the existing well and septic system serving the dwelling shown on Lot 17 and 18,
Block 5, prior to the City Clerk signing the final plat.
. The applicant has indicated within the pressure irrigation system assessment provided with the
application that sufficient water shares exist to serve the developrnent. The Eagle Creek West
development will connect to and be supplied by the pressure irrigation distribution system and
pump station to be constructed with the Legacy planned unit development. The applicant should
provide a Master Declaration of Covenants, Conditions and Restrictions for the Legacy Planned
Unit Developrnent with a condition in the CC&R's and an Operation and Maintenance Manual for
the pressurized irrigation system requiring the Legacy Planned Unit Development homeowner's
association maintain the pressurized irrigation system in perpetuity. The Master Declaration
CC&R's and the Operation and Maintenance Manual should be reviewed by the City Attorney and
the City Engineer prior to the engineer signing the final plat.
. The preliminary plat date starnped by the City on October I I, 2006, shows, and the application
indicates the pedestrian walkways are to be five feet (5') in width. Per Eagle City Code micro
pathways within subdivisions are to be a minimum of six feet (6') in width. The applicant should
provide a revised preliminary plat showing all interior pathways to be six feet (6') in width for
review by the Parks and Pathway Development Committee prior to submitting a Desi!,,'TI Review
application.
. Per Eagle City Code a five foot (5') wide landscaped area/building and fence setback, as measured
from both edges of the paved path, shall be required, and will be owned by either the abutting
property owner(s) or a homeowners' association unless accepted by a public entity. The five foot
(5') wide landscaped area on either side of the pathway may be decreased to a minimum of two
feet (2') wide (as measured from the edge of asphalt to the easement line) when used in
conjunction with a meandering pathway, however, the total width of the landscape area shall not
be less than ten feet (10') (i.e., 2 feet on one side of the path and 8 feet on the other). For safety
purposes, planting material in this area is limited to three feet (3') in height. The applicant should
provide a plat note to the final plat that there shall be a five foot (5') wide landscaped
area/building and fence setback, as measured from both edges of the paved path, and no planting
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rnaterial shall exceed three feet (3') in height.
· Per the development agreement the interior side setback for the Patio and Custom lots is five feet
(5 '). Note 3 of the preliminary plat date stamped by the City on October I I, 2006, indicates the
side easements for the residential lots is six feet (6'). The applicants should provide a revised
preliminary plat with a plat note indicating side lot line easements shall be five feet (5') prior to
submitting an application for final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Preliminary Plat
with conditions as provided within the staff report and an additional condition stating that the
preliminary plat not be approved by the City Council prior to a Memorandum of Agreement
(MOA) being executed between the applicant and the City for the provision of municipal water.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Comrnission on
November 6, 2006, at which time testimony was taken and the public hearing was closed. The
Cornmission 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 (other than the applicantlrepresentative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission no one.
COMMISSION DECISION:
The Cornrnission voted 5 to 0 to recommend approval ofPP-I6-06 for a preliminary plat for Eagle
Creek West Subdivision with the following staff recommended site specific conditions of approval
and standard conditions of approval with underlined text to be added by the Commission and
strikethrough text to be deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all conditions within the development agreement for rezone application RZ- I 3-
05.
2. Comply with the requirements of the City Engineer.
3. The applicant shall submit payment to the City for all outstanding Engineering fees incurred
for reviewing this project, prior to the City Clerk signing the first final plat.
4. The applicant shall enter into a Memorandum of Agreement (MOA) with the Citv for
providing municipal water service prior to the Citv Council approving the preliminarv plat.
5. Provide a time schedule for the construction of the developrnent and a revised plat showing a
phasing plan if the development is proposed to be phased prior to subrnitting a Design Review
application.
6. Provide a copy of the license agreement with Ada County Highway District (ACHD) for
landscaping and sidewalks to be located in the right-of-way and a copy of the easement
provided to ACHD for the sidewalks to be located outside of the right-of-way prior to final
plat approval.
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5. Provide a revised preliminary plat identifying all canals and ditches, associated easements and
utility and drainageway easements to be located outside of the irrigation easements prior to
submitting for a Parks and Pathway Development Committee recommendation and a Design
Review application.
6. Provide documentation or a license agreement approving all improvements or landscaping
located within canal company or drainage district easements or right-of-ways prior to the City
Clerk signing the final plat.
7. Provide a revised preliminary plat showing all interior pathways to be six feet (6') in width for
review by the Parks and Pathway Development Committee prior to submitting a Design
Reviewapplication.
8. Provide a revised preliminary plat showing the pathway connection from the pocket park to be
located on the west property line of Lot 13, Block 3, and an additional pathway connection to
the pathway within Lot 17, Block I, to be located between Lots H Qand H 1. Block 1, for
review and approval by the Parks and Pathway DeveIoprnent Committee prior to submitting a
Design Review application.
9. Proyide a revised plat showing a sill foot (6') ..vide pathway leading west from the termintls of
Shale Place to Bau)[ite ,^.yenue prior to stlbmitting a Design Reyiew application.
10. Provide a plat note to the final plat stating that there shall be a five foot (5') wide landscaped
area/building and fence setback, as measured from both edges of the paved path, and no
planting material shall exceed three feet (3') in height.
I I. Add a note to the final plat which states that, "Minimum building setback lines shall be in
accordance with the setbacks as set forth in the conditions of the development agreement for
RZ-I3-05."
12. Provide a revised preliminary plat showing all utility poles providing service to the existing
structures on the site to be removed, prior to submitting a Design review application. All
utility service lines serving existing structures shall be placed underground prior to the
issuance of any building permits for the site.
13. Provide a revised preliminary plat with a plat note indicating side lot line easements shall be
five feet (5') prior to submitting an application for final plat.
14. Provide a revised preliminary plat prior showing all existing structures to be removed prior to
submitting a Design Review Board application.
IS. Provide documentation showing that proper approvals have been provided for the
abandonrnent of the existing well and septic system serving the dwelling shown on Lot 17 and
18, Block 5, prior to the City Clerk signing the final plat.
16. The applicant shall submit a design review application and landscape plan showing trees,
landscaping, berming, proposed signage, and planting details within the required 50-foot wide
buffer area along N. Linder Road abutting this site and any proposed signage and fencing for
review and approval by the Design Review Board prior to the submittal of a final plat
application.
17. Extend the landscaping within the required buffer area along N. Linder 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.
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18. 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.
19. 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 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 8-foot wide concrete sidewalk and the curb. Prior to the City Clerk
signing the final plat the applicant shall either install the required trees, sod, and irrigation or
provide the City with a letter of credit for 150% of the cost of the installation of all landscape
and irrigation improvernents. 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.
20. 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 approval prior to the submittal of a final plat. The
applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of
any construction on the site.
21. Construct a minimum five foot (5') wide detached concrete sidewalk along N. Linder Road
abutting this site.
22. The Eagle Creek West Subdivision shall remain under the control of one Homeowners
Association.
23. The applicant shall place a note on the final plat that all common lots are to be owned and
rnaintained by the Legacy Planned Unit Development Homeowner's Association. The
applicant shall provide a copy of the CC&Rs which include a similar statement regarding the
common lots for review and approval prior to subrnittal of the final plat.
24. The applicant shall provide a Master Declaration of Covenants, Conditions and Restrictions
indicating the Legacy Planned Unit Development Homeowner's Association shall have the
duty to maintain the pressurized irrigation system and all common landscape areas in the
subdivision are rnaintained in a competent and attractive manner, including the watering,
mowing, fertilizing and caring for shrubs and trees in perpetuity.
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.
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4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (LC. Title 50, Chapter 13 and LC. 39-118).
5. Written approval of all well water for any shared or cornmercial 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,
acceptmg the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-I-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery systern 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 subrnit 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 easernents. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(I) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
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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 easernent, 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 rnay 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 subrnitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following cornrnents 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 rninute 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.
IS. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for rnutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and rnaintenance 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.
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17. The applicant shall record the subdivision CC&R's in the office of the Ada County Recorder prior
to the sale of the first lot. The applicant shall provide the City a copy of the recorded CC&R's
prior to the issuance of any building permits.
18. 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.
19. 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.
20. 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.
2 I. 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".
22. 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.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) frorn the Corps. of Engineers prior to approval of the final plat by
the City Engineer.
25. 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.
26. Basements in homes in the flood plain are prohibited.
27. The Arnericans 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.
28. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
29. 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
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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.
30. 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.
3 I. Prior to subrnitting 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.
32. 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.
3 I. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
32. 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.
33. 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.
34. 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 from 6:00-7:00 PM, March 14, 2006, at the office of The Land
Group, Inc., in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on August 23,2006.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on October 16, 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 October 13,2006. Requests for agencies' reviews
were transmitted on August 25, 2006, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on October 25, 2006
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-16-06) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zoning desib'l1ation of R-2-DA-P
(Residential-Two dwelling units/acre planned unit development with a development
agreement).
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 Land Use Map
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designation of Residential Two (two dwelling units/acre in this planning area) and provides
the required improvements for a subdivision or as may be conditioned herein; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use
will not change the essential character of the same area and because this site will be designed
in accordance with the standards of Eagle City Code and the Eagle Architecture and Site
Design book (EASD); and
d. Will not create excessive additional requirements at public cost for facilities and services as
the site will be served with central sewer from the Eagle Sewer District and will use public
water to be served from the City of Eagle municipal water system. Fire protection will be
available from the Eagle Fire District and fire hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is required to be reviewed and
approved by Ada County Highway District and is subject to the conditions herein;
f. 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 municipal water system;
g. That based upon agency verification and additional written comments of the Eagle Fire
Department, Eagle Sewer District and the Ada County Highway District, or as conditioned
herein, there is adequate public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the
preliminary plat and subsequent final plat approval as set forth within the conditions of
approval herein.
DATED this 20th day of November 2006.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
c::?
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ATTEST:
J lU~I------\'(4~~'
--Sharon k. Bergrnann, Eagle City C erk
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