Findings - CC - 2006 - RZ-18-06/PP-17-06 - Rz From Ar To R1-Da/Overton Acres Subd/7-Lot/4.66 Acre/6799 N Locust Grove
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLlCA nON
FOR A REZONE WITH A DEVELOPMENT
AGREEMENT AND PRELIMINARY PLAT
FOR OVERTON ACRES SUBDIVISION
FOR WILLIAM AND WANDA OVERTON
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ORIGINAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-18-06 & PP-17-06
The above-entitled Rezone with a development agreement and Preliminary Plat applications came before
the Eagle City Council for their decision on December 12,2006, 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:
William and Wanda Overton, represented by Richard Beck with SLN Planning Inc., is
requesting a rezone from A-R (Agricultural-Residential) to R-l-DA (Residential - one unit
per acre with a development agreement) and preliminary plat approval for Overton Acres
Subdivision, a 7-10t (4-residentiallots and 3-common lots) residential subdivision, The
4,66-acre site is located on the west side of North Locust Grove Road approximately 1,000
feet north of Chinden Boulevard at 6799 North Locust Grove Road,
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00PM, May 18,2006, on site 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 24, 2006,
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in the Valley Times in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and the Eagle City Code 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 16, 2006. Requests for agencies' reviews were
transmitted on September 8, 2006, in accordance with the requirements of the Eagle City
Code. The site was posted in accordance with the Eagle City Code on October 19, 2006
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on November 27, 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 November 21,
2006. The site was posted in accordance with the Eagle City Code on December 4, 2006
D, HISTORY OF RELEVANT PREVIOUS ACTIONS: None
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E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
The applicant is requesting a development agreement to ensure 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 DESIGNA TION
Existing Residential One A-R (Agricultural Residential) Residence with pasture
Proposed No Change R-l-DA (Residential with a Single Family Residential
development agreement)
North of site Residential One R-l (Residential) Single Family Residential
(Carlene Estates)
South of site Residential One R-l (Residential) Single Family Residential
(Spyglass Subdivision)
East of site Residential One Single Family Residential
R-l-P (Residential PUD) (Banbury Subdivision)
West of site Residential One R-I (Residential) Single Family Residential
(Spyglass Subdivision)
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
I. SITE DATA:
Total Acreage of Site - 4.66-acres
Total Number of Lots - 7
Residential - 4
Commercial - 0
Industrial - 0
Common - 3
Total Number of Units - 4
Single-family - 4
Duplex - 0
Multi-family - 0
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Total Acreai:!e of Anv Out-Parcels - none
ADDITIONAL SITE DATA PROPOSED REQ UlRED
Dwelling Units Per Gross Acre 0.87-units per acre I-unit per acre maximum
Minimum Lot Size 37,009-square feet 37,000-square feet
Minimum Lot Width 139-feet 100-feet
Minimum Street Frontage ll3-feet :'IS-feet
Total Acreage of Common Area O.42-acres O-acres (minimum)
Percent of Site as Common Area 9% 0% (minimum)
J. GENERAL SITE DESIGN FEATURES
Landscape Screening:
As required by Eagle City Code Section 8-2A-7(J)(4)(a), the applicant proposes to
construct a thirty-five foot (35') wide buffer along Locust Grove 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 0.30-acres (7%) of common area. The common area
consists of the required buffer area along Locust Grove Road and a .30- 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 two (2) fire hydrants located within the subdivision. The
hydrants should be installed and approved as required by the Eagle Fire District
On-site Septic System (yes or no): No
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
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design of the subdivision, Mature trees are located throughout the site and are to be
perserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. 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:
Roadway access from South Locust Grove Road will be provided by the developer with
interior ACHD roads. The applicant is proposing to construct a roadway within the
development with a twenty nine foot (29') wide roadway section (as measure from back of
cub to back of curb). Rolled three inch (3") curb and eight foot (8') wide grass landscape
strips are proposed on both sides of the roadway.
Blocks Less Than 500': None
Cul-de-sac Design:
One 430-foot long cul-de-sac is proposed with a 50-foot radius,
Sidewalks:
A S-foot wide attached sidewalk is proposed along Locust Grove Road. Eagle City Code
requires detached sidewalk, however, this would be the only development within a half a
mile that would have a detached sidewalk. A five foot (5') wide detached concrete
sidewalk is proposed abutting one side of the roadway on the interior streets,
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
Administrator prior to the submittal of the final plat. Any modifications made to the
lighting shall be completed before the final plat approvaL
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways: S-foot wide concrete sidewalk on north side of West Tueller Court.
Bike Paths: None
M. PUBLIC USES PROPOSED: None
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
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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 SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - None
Evidence of Erosion - None
Fish Habitat - None
Floodplain - None
Mature Trees - Yes - numerous trees to be saved where possible
Riparian Vegetation - None
Steep Slopes - None
Stream/Creek - None
Unique Animal Life - None
Unique Plant Life - None
Unstable Soils - None
Wildlife Habitat - None
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference and 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 September 20, 2006, are of special
concern (incorporated herein by reference and attached to the staff report).
Ada County Highway District
Boise River Flood Control District # 10
Central District Health District
Department of Environmental Quality
Eagle Fire District
Eagle Sewer District
Meridian School District
United Water Company
S. LETTERS FROM THE PUBLIC:
One letter signed by nine (9) individuals located within Spyglass Subdivision adjacent to
this development, date stamped by the City on October 30, 2006 (incorporated herein by
reference and attached to the staff report).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates
this site as Residential One:
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Suitable primarily for single family residential development within areas that are rural in
character.
Chapter 1 - Overview
1, I City of Eagle Statement of Purpose
b. To ensure that adequate public facilities and services are provided to the people at
reasonable cost.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
Chapter 4 - Schools, Public Services and Utilities
4,1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the public
and are generally available to Eagle residents. The City and special districts provide the
basic services of water, sewer, school, police, fire and library to residents. With Eagle's
growing population 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 service
area,
. The Meridian and Boise School Districts provide K-12 education,
. 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.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-2A-7(C) Existing Vegetation:
L Retention Of Existing Trees: Existing trees shall be retained unless removal is
approved in writing by the city. Where trees are approved by the city to be removed from
the project site (or from abutting right of way) replacement with an acceptable species is
required as follows:
Existing Tree
1 inch to 6 inches caliper
6 1/4 inches to 12 inches
12 1/4 inches or more
Replacement
2x caliper of tree removed
1.5x caliper of tree removed
I x caliper of tree removed
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In all cases, planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be
three (3) 4-inch caliper trees or four (4) 3-inch caliper trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall be
protected from damage to bark, branches, or roots during construction. Construction or
excavation occurring within the drip line of any public or private retained tree or shrub
may severely damage the tree or shrub. Any severely damaged tree or shrub shall be
replaced in accordance with subsection C 1 of this section.
. 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 (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted,
. Eagle City Code Section 8-2A-7 (M)(3)
Within residential developments one shade class (class II or class III) tree selected from
the approved tree list in subsection Q of this section shall be located on both sides of all
streets within the five foot (5') wide landscape strip between the sidewalk and the curb.
Trees shall be planted at the front of each lot generally located on each side lot line corner
with the distance between trees to be a minimum of thirty five feet (35') and a maximum
of eighty feet (80') of street frontage.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Eagle City Code Section 9-3-6(A)
Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines when deemed necessary. Total easement width shall not be less than twelve
feet (12').
. Eagle City Code Section 9-4-1-6(F)(4)
Trees shall be placed at the front of each lot generally located on each side lot line. Minor
variations to the location of a tree may be considered by the design review board during
the review of the subdivision landscape plan,
. Eagle City Code Section 9-4-1-9(A)
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Construction; Extension: All public water supply or sewer systems (serving 2 or more
separate premises or households) shall be constructed in accordance with any adopted
local plans and specifications. All new public water supply or sewer systems shall be an
extension of an existing public system whenever possible, In the event that the proposed
public water supply or sewer system is not an extension of an existing public system, there
shall be a showing by the subdivider that the extension is not feasible and not in the best
interest of the public.
. Eagle City Code Section 9-4-1-8 UNDERGROUND UTILITIES
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 One"
with a density not to exceed 1 unit per acre. The overall density of the proposed Overton Acres
Subdivision development is .87-units per acre.
. The applicant proposes one access point from South Locust Grove Road for the development.
South Locust Grove Road is designated as an Urban Collector on the Ada County Functional
Street Classification Map. The applicant has proposed a 3S-foot wide common lot adjacent to
Park Lane for the construction of a buffer area, Eagle City Code Section 8-2A-7 (J)(4)(a)
requires the installation of a buffer that is a minimum of 3S-foot wide abutting the road right-
of-way.
. The 2000 Comprehensive Plan, Chapter 4 discusses school and public service issues. The
Eagle Sewer District has indicated that this property has not been annexed into the District.
This site that is not currently annexed into the Eagle Sewer District's boundaries and will be
required to be annexed into their boundaries prior to the City accepting a final plat application
for the site. A letter of approval shall be provided to the City from the Eagle Sewer District
approving the final construction plans prior to issuance of building permits for the subdivision.
. The preliminary plat date stamped by the City on October 30, 2006, does not show the
required utility easement adjacent to the street Per Eagle City Code, all utility easements are
required to be unobstructed. The applicant should provide a revised preliminary plat and
roadway cross section showing a minimum of twelve foot (12') easement width with a
minimum of ten feet (10') of unobstructed easement adjacent to the street. The revised
preliminary plat should be reviewed and approved by staff prior to the applicant submitting a
Design Review application,
. 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 0.42-acres
(9%) of the site as common area open space including the landscape island within the cul-de-
sac, the landscape area located on the south side of the road, and landscape buffer adjacent to
South Locust Grove Road.
. The preliminary plat date stamped by the City on October 30, 2006, shows a five foot (5')
wide sidewalk attached to the back of curb adjacent to South Locust Grove Road. Pursuant to
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past action by the City Council, all sidewalks are required to be separated from the back of
curb by an eight foot (8') wide landscape strip. This site has a frontage of three hundred (300)
linear feet and is the only section of South Locust Grove Road north of Chinden Boulevard
that would have a separated sidewalk. Staff recommends that the applicant be permitted to
have a five foot (5') wide attached sidewalk adjacent to South Locust Grove Road.
ST AFF RECOMMENDED FINDINGS:
. Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided to staff to date, staff believes that the
proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of R-I-DA (Residential - up to one unit per acre
with a development agreement) is consistent with the 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-l-DA (Residential - up to one unit per acre with a development
agreement) is compatible with the R-I (Residential - up to one unit per acre) land use
to the north, south, and west since that area has been developed in a similar manner as
this development, and;
d. The proposed R-l-DA (Residential - up to one unit per acre with a development
agreement) is compatible with the R-I-P (Residential - up to one unit per acre with
PUD) zone and land use to the east since that area has been developed in a similar
manner as this development;
e. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area" as described within the Comprehensive Plan; and
f As stated in the Development Agreement, the applicant will remove all existing
structures on the site. Therefore, no non-conforming uses are expected to be created
with this rezone.
. Preliminary Plat: With regard to Eagle City Code 9-2-3 (D)(3 lea) "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:
L The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle City
Code Title 9, as shown within the findings provided within this document and the
proposed residential use is in accordance with the residential land use designation of
this area shown within the Comprehensive Plan;
2. The subdivision will be served adequately by essential public facilities such as streets,
police and fire protection, schools, drainage structures, refuse disposal, water and
sewer; or that the persons or agencies responsible for the establishment of the
proposed use shall be able to provide adequately any such services, as noted in the
documentation provided from said agencies and as required as a part of the conditions
of approval;
3. That there are no known capital improvement programs for which this development
would prevent continuity;
4, That based upon agency verification and additional written comments of the Eagle
Fire District, Eagle Sewer District, and United Water Company as conditioned herein,
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there is adequate public financial capability to support the proposed development:
S. 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 RECOMMEND A TION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Rezone with
development agreement 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
November 6, 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,
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 5 to 0 to recommend approval of RZ-18-06 for a rezone from A-R to R-l-
DA with conditions to be placed within a development agreement as provided in their findings of
fact and conclusions of law document, dated November 20, 2006.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval of PP-17 -06 for a preliminary plat for
Overton Acres Subdivision with the site specific conditions of approval and standard conditions of
approval provided within their findings of fact and conclusions of law document, dated November
20, 2006,
PUBLIC HEARING OF THE COUNCIL:
A, A public hearing on the application was held before the City Council on December 12, 2006, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of this proposal was presented to the City Council by one (1) individual who
was supportive of the proposed subdivision because it will be an improvement to the area. They also
requested that the poplar trees in proximity to the west boundary of the proposed subdivision be
preserved.
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION REGARDING THE REZONE:
The Council voted 4 to 0 to approve RZ-18-06 for a rezone from A-R to R-l-DA with the following
conditions to be placed within a development agreement:
2.1, The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in
that concept may occur. If the City determines that any such changes require additional public
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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.
2.2 The development shall comply with the Eagle City Code, as it exists in final form at the time a
design review application is made, including compliance with all of the conditions as provided
within this development agreement.
2.3 Prior to submittal of the final plat application, the Property Owner shall submit a Design
Review application for the site (as required by the Eagle City Code), and shall comply with all
conditions required by the City of Eagle as a part of the Design Review.
2.4 The Property Owners shall remove all existing structures (with the exception of the residential
dwelling) located on Lot 2, Block I from the site prior to the issuance of any building permits
for the site. Demolition permits shall be obtained prior to the removal of said structures.
2.5 Prior to signing of the final plat, the Property Owner shall provide proof of adequate sewer
service to the proposed residential uses. A letter of approval shall be provided to the City from
the Idaho Department of Health, Division of Environmental Quality, and/or Central District
Health, prior to the City Clerk signing the final plat.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP-17-06 for a preliminary plat for Overton Acres
Subdivision with the followings site specific conditions of approval and standard conditions of
approval:
SITE SPECIFIC CONDITIONS OF APPRO V AL:
1. Comply with all conditions within the development agreement for rezone application RZ-18-06,
2, Comply with all requirements of the City Engineer's letter date stamped by the City on September 21,
2006,
3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
4. Comply with all requirements of the Ada County Highway District, specifically (but not limited to)
roadway design and construction of sidewalks,
S. Provide documentation from Eagle Sewer District indicating that this property has been annexed into
the District prior to the City Clerk signing the final plat. A letter of approval shall be provided to the
City from the Eagle Sewer District approving the final construction plans prior to issuance of building
permits for the subdivision,
6. Provide a landscape plan showing berming, fencing, and planting details within the required 3S-foot
wide buffer area along South Locust Grove Road abutting this site for review and approval by the
Design Review Board prior to the submittal of a final plat.
7. Provide a revised preliminary plat and roadway cross section showing a minimum of twelve foot (12')
easement width with a minimum of ten feet (10') of unobstructed easement adjacent to West Tueller
Court. The revised preliminary plat shall be reviewed and approved by staff prior to the applicant
submitting a Design Review application,
8. 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
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for the site.
9. The applicant shall submit a design review application and landscape plan showing trees. landscaping,
berming, proposed signage, and planting details within the required buffer area along South Locust
Grove Road abutting this site and any proposed sign age and fencing for review and approval by the
Design Review Board prior to the submittal of a final plat application.
10. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along the north side of the street 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 S-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 ISO'Y<
of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed
prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if
weather does not permit landscaping,
11. 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,
12. Construct a minimum five foot (5') wide attached concrete sidewalk along South Locust Grove Road
abutting this site.
13. Add a note to the final plat which states that. "Minimum building setback lines shall be in accordance
with the applicable zoning and subdivision regulations at the time of issuance of a building permit or
as specifically approved and/or required."
14. The Overton Acres Subdivision shall remain under the control of one Homeowners Association.
15, The applicant shall place a note on the final plat that all common lots are to be owned and maintained
by the Overton Acres 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
submittal of the final plat.
16, 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.
ST ANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks,
2, Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
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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 I.C 39-118),
5, Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, 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 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10, Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements, The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity, A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
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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
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required.
providing for mutual maintenance and access easements,
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
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City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to tloodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22, The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat by
the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25. Basements in homes in the flood plain are prohibited,
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27. No 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)).
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 piaL The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check,
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
32. 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 piaL The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
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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 pursuant 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 18,2006. The rezone and preliminary plat applications for this item were
received by the City of Eagle on August 24. 2006.
') Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in the Valley Times in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City Code 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 16, 2006. Requests
for agencies' reviews were transmitted on September 8, 2006, in accordance with the requirements of
the Eagle City Code, The site was posted in accordance with the Eagle City Code on October 19,
2006.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 27.
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 November 21, 2006, The site was posted in accordance with the Eagle City
Code on December 4, 2006.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-18-06) with
regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the
information provided concludes that the proposed rezone is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a, The requested zoning designation of R-1-DA (Residential - up to one unit per acre with a
development agreement) 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-DA (Residential - up to one unit per acre with a development agreement)
is compatible with the R-1 (Residential - up to one unit per acre) zone and land use to the
north, south, and west since that area has been developed in a similar manner as this
development, and;
d. The proposed R-1-DA (Residential - up to one unit per acre with a development agreement)
is compatible with the R-1-P (Residential - up to one unit per acre with PUD) zone and land
use to the east since that area has been developed in a similar manner as this development;
e, The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
f. As stated in the Development Agreement, the applicant will remove all existing structures on
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the site. Therefore, no non-conforming uses are expected to be created with this rezone.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-17-
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 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;
b. 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;
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.
DATED this 9th day of January, 2007,
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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