Findings - PZ - 2007 - PP-02-07 - Aguila Mountain Estates/31-Lot/10.24 Acre
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT FOR )
AGUILA MOUNTAIN ESTATES )
SUBDIVISION FOR RED ROCK )
DEVEVELOPMENT,LLC )
ORIGINAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-02-07
The above-entitled Rezone with a development agreement, and Preliminary Plat applications came before
the Eagle Planning and Zoning Commission for their recommendation on April 16, 2007, at which time
public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning
Commission, having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Red Rock Development, LLC, represented by Bryan D. Martin, P.E., with Toothman-
Orton Engineering Co., is requesting preliminary plat approval for Aguila Mountain
Estates a 31-lot (24 buildable, 7 common) residential subdivision. The I 0.24-acre site is
located at the northwest corner of the intersection of East Hill Road and North Echohawk
Way, approximately 420-feet west of State Highway 55.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:30 PM, January 4, 2007, at Eagle City Hall in
compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on January 11,2007.
C. NOTICE OF PUBLIC HEARING:
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 Code on March 26, 2007. 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 March 26, 2007. Requests for agencies' reviews were transmitted on March 6,
2007, in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with Eagle City Code on March 30, 2007.
D. HISTORY OF PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Three R-3 (Residential-up to three Vacated Gravel Pit
units per acre)
Proposed No Change No Change Residential Subdivision
North of site Residential Three R-3 (Residential-up to three Residential
units per acre) (Ringo Ridge Subdivision)
South of site Mixed Use MU-DA (Mixed Use with a Residential/Mixed Use
development agreement) (Piccadilly Village and
Great Sky Estates)
East of site Business Park BP (Business Park) State Highway 55
West ofsite Residential Three R-I (Residential-up to one Residential
unit per acre)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site - 10.24 acres
Total Number of Lots - 31
Residential - 24
Commercial - 0
Industrial - 0
Common - 7
Total Number of Units - 24
Single-family - 24
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.34 dwelling units per acre 3-dwelling units per acre
(maximum)
Minimum Lot Size 1 O,OOO-square feet I O,OOO-square feet (minimum)
Minimum Lot Width 75-feet 75-feet (minimum)
Minimum Street Frontage 35-feet 35-feet (minimum)
Total Acreage of Common Area 2.88 acres (125,395 square feet) 1.02 - acres
Percent of Site as Common Area 28.12% (approximately) 10% (minimum)
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and 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 within a common lot adjacent to E. Hill Road.
The applicant is also proposing to construct a five foot (5') high benn within a twenty foot
(20') wide common lot adjacent to N. Echohawk Way. A portion of the N. Echohawk
Way berm will be located in the backyards of the properties bordering the common lot.
The portion of the berm located in the residential lots will be landscaped and maintained
by the future lot owners. The common lots bordering E. Hill Road and N. Echohawk Way
will contain five foot (5') wide detached sidewalks.
The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map #1 of
2 designates a pathway to be constructed adjacent to E. Hill Road.
Open Space:
As required by Eagle City Code Section 9-3-8(D), the applicant is required to provide a
minimum 10% of open space within the development. The proposed development will
provide a total of2.88-acres (28.12%) of open space within seven (7) common lots
(inclusive of landscape islands). The majority (1.73-acres) of the open space, located
along the western property line is a barren slope area left from the gravel pit mining
operation. A tot lot] 1,860-square feet in size is centrally located within the subdivision at
the intersection of Mountain Rim Drive and Big Falls Court as shown on the preliminary
plat date stamped by the City on January 11,2007. The preliminary plat also shows a
2,897-square foot common lot containing a pathway providing connectivity to the
sidewalk adjacent to E. Hill Road. This common lot is located at the southern tenninus of
Big Fall Court. The remaining common lots are the buffer areas adjacent to E. Hill Road
and N. Echohawk Way.
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
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drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site, which would be required to
be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site, which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
J. STREET DESIGN:
Public Streets:
The applicant is proposing two (2) streets within the development both of which terminate
into a cul-de-sac. The preliminary plat shows a fifty foot (50') wide interior street section
with a thirty one foot (31') wide travel way (as measured from back of curb to back of
curb), and nine foot (9') wide landscape strips on each side of the travelway.
The preliminary plat shows a sixty-four foot (64') wide street section for E. Hill Road. The
note within the street section indicates that E. Hill Road is scheduled to be reconstructed
by ACHD in 2009 with a forty-six foot (46') back-to-back (curb) with three (3) lanes,
bike lane, curb, gutter, and five foot (5') wide detached sidewalk.
N. Echohawk Way was constructed and landscaped during the construction of Ringo
Ridge Estates north of this development.
Blocks Less Than 500': None
Cul-de-sac Design:
The applicant's representative indicated the cul-de-sacs will have a fifty foot (50') radius
(measured from back of curb to back of curb). The landscape island will have a ten foot
(10') radius.
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of the
roadway.
Curbs and Gutters:
Rolled 3" curb and gutters are proposed within the interior of the development
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
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final plat.
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.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Pedestrian circulation will utilize the proposed detached sidewalks and a pathway
connecting to the sidewalk adjacent to E. Hill Road.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L. PUBLIC USES PROPOSED: None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - yes - see geotechnical study report
Stream/Creek: no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - yes - see geotechnical study report
Wildlife Habitat - no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. 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 March ] 9, 2007, 2000 are of
special concern (attached to the staff report and referenced herein).
Ada County Highway District
Chevron Pipeline
Eagle Fire Department
Eagle Water Company
Idaho Department of Environmental Quality
Joint School District No. 2 (indicating the schools throughout the District are operating over
capacity)
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Q. COMMENTS FROM THE CITY FORESTER:
Tree recommendation from Julie Lafferty, City Forester, dated February 12, 2007
(attached to the staff report).
R. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITIllN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The Comprehensive Plan Land Use Map designates this site as Residential Three
Suitable primarily for single family residential development within an urbanized setting.
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
reasonab Ie cost.
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.
4.2.7 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.
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Chapter 6 - Land Use
6.7 Implementation Strategies
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.
k. Protect gravity flow irrigation systems including canals, laterals, and ditches to
assure continued delivery of irrigation water to all land serviced by such water
systems, to protect irrigation systems as long as a long range economical
method for delivery and to coordinate surface water drainage to be compatible
with irrigation systems.
Chapter 8 - Transportation
8.3.0 City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and Lanes.
The City of Eagle Transportation/Pathway Network Maps #1 and #2 illustrates the
various classifications and locations which are included in the pathway system
and described as follows:
8.3.1 Paths
Function:
To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location:
Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
8.6 Implementation Strategies
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway
Network Maps #1 and #2, adopted local and regional pathway plans, as may
be needed for intra-neighborhood connectivity and to ensure that bike and
pedestrian traffic is not unnecessarily pushed out onto arterials and collectors.
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 non motorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
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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.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code, Section 8-2-4 Schedule Of Building Height And Lot Area Regulations
Zoning Maximum
District Height
Front Rear Interior Street
Side Side
Maximum
Lot
Covered
Minimum
Lot Area
(Acres Or
Sq. Ft.) G
And H *
Minimum
Lot
Width 1*
~135'
I EJ EJ ~ ~ 140%
1110,000
1175'
· Eagle City Code, Section 8-2-4(H):
All lots with street side frontage, excluding lots within zoning districts A, A-R, R-E and
R-I, shall have a minimum lot area that is 10 percent larger than shown in this table.
· 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 benn 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 benn, 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 pennitted.
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C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code, Section 9-1-6 Rules and Definitions
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which
normally includes streets, sidewalks and other public utilities or service areas.
· Eagle City Code, Section 9-3-1 Minimum Standards Reqired:
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 deemed necessary. Total easement width shall
not be less than twelve feet (12').
B. Unobstructed drainageway easements shall be provided as required by the city
council.
C. All natural drainage courses shall be left undisturbed or be improved in a
manner which will improve the hydraulics and ease of maintenance of the
channel.
· Eagle City Code, Section 9-3-7 Planting Strips and Reserve Strips:
Planting strips and reserve strips shall confonn to the following standards:
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 minimum 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 Public Sites and Open Spaces:
Public sites and open spaces shall conform to the following standards:
D. Open Spaces: The minimum percentage of the gross area that must be set
aside for open spaces in new subdivisions shall be as follows:
IZoning DistrictIIR-21IR-3 IIR-41IR-5 1 IR-6-R-25 1
IOpen Space 1110%1110%1110%1110%1110% I
· Eagle CityCode, Section 9-4-1-6 (A) & (B) Pedestrian/Bicycle and Pathway Sidewalk
Regulations:
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A. Intent: The placement of pathways is intended to encourage nonmotorized
forms of travel, and to provide safe, convenient and aesthetic alternative travel
routes to common destinations such as schools, parks, shopping centers, etc. The
following factors will be considered in the placement of any pathway: the utility
and need for a given pathway, impacts to existing neighborhoods, compliance
with the transportation/pathway network maps within the comprehensive plan,
pathway design as it relates to both crime prevention and function, and the
responsibilities of ownership, maintenance, and liability.
B. Location:
I. The city shall require the creation and maintenance of pathways, (except
in cases where it is shown to be inappropriate), that provides access to
adjacent:
c. Adopted pathway elements within the comprehensive plan and the
ridge to rivers pathway plan;
g. Transportation or other community facilities, and vacant parcels, held
either publicly or privately which could provide future neighborhood
connection(s) to the above noted sites; and
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
(10') in width. Micropathways within subdivisions which are designed for
primary use by the residences of the subdivision shall be a minimum six
feet (6') wide and shall be located within a sixteen foot (16') wide
pedestrian access easement. Regional pathways such as the Boise River
greenbelt and pathways located adjacent to major roadways shall be a
minimum ten feet (10') wide and shall be located within a twenty foot
(20') wide pedestrian access easement.
E. Responsibility: The following provisions are intended to provide guidance to
those entities that are responsible for construction, maintenance and/or
liability for a pathway. Installation costs, which may include construction of
the paved path, are the responsibility of the developer.
I. Homeowners' Association:
a. Pathway systems within a proposed subdivision providing access to
private common space and/or other amenities that are used solely by
the residents of a subdivision shall be the responsibility of the
homeowners' association.
b. Where the residents of a subdivision will be the primary beneficiaries
of a pathway, and, travel from adjoining neighborhoods will be
minimal, a homeowners' association may be required to take
responsibility for that path.
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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.
· Eagle City Code Section 9-4-1-9 Pressurized Irrigation Facilities:
I. For any new subdivision and/or PUD, to be provided with a public water system and
containing more than four (4) lots, all residential dwelling units within such
subdivision shall be provided with a pressurized irrigation system to be served with
irrigation water unless a waiver, as outlined herein, is approved by the city council.
2. The requirement for installation of a pressurized irrigation system may be waived by
the city council when the applicant has established that any of the following situations
exist (the sale or transfer of an existing water right shall not be grounds for requesting
a waiver pursuant to this provision):
The developer shall bear the burden of providing documentation, acceptable to the city
engineer and city council, demonstrating and supporting the estimated costs of
construction of the pressurized irrigation system, and the cost per lot for irrigation
systems in those subdivisions built in the last two (2) years as noted above, and the
expected market value of the subdivision lots. For phased developments, costs will be
analyzed over all phases of the development rather than the first phase only.
3. Should installation of a pressurized irrigation system be waived by the city engineer,
as outlined herein, compliance to Idaho Code 31-3805 is still 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
Three" with a density not to exceed 3-units per acre. The overall density of the proposed
Aguila Mountain Estates Subdivision development is 2.34-units per acre.
· The proposed development provides building lots ranging from 10,000-square feet to
12,772-square feet in size. The property is currently zoned R-3 (Residential-up to three
units per acre), the required minimum lot size in an R-3 zone is 10,000-square feet. The
design shown of the subdivision complies with the technical requirements (or will
pursuant to the conditions outlined herein) of Eagle City Code.
· The applicant proposes one access point from N. Echohawk Way for the development.
East Hill Road is adjacent to the development on the south. East Hill Road is designated
as an Urban Collector on the Ada County Functional Street Classification Map. The
applicant has proposed a 35-foot wide common lot adjacent to E. Hill Road 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 35-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. The site will be required to be annexed into the Eagle Sewer District's boundaries
prior to the City accepting a final plat application for the site. A letter of approval shall be
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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 January 11, 2007, does not show a cul-
de-sac street section. The applicant should provide a revised preliminary plat showing a
typical street section for a cul-de-sac prior to submitting a final plat application.
· Although the applicant has indicated that water rights (or shares) are adequate to irrigate
all of the lots per Eagle City Code Section 9-4-1-9-(C) Pressurized Irrigation Facilities, the
applicant has provided documentation that they are unable to provide delivery of water to
support a pressurized irrigation system due to past gravel operations, realignment of
Highway 55, and development to the north of the proposed subdivision. It is staff's
opinion that since the property does not have access to irrigation water, a waiver should be
approved. The applicant should provide a plan to the City Engineer showing the design of
a pressurized irrigation system supplied by the existing on-site well to serve the common
lot areas, prior to the submittal of a final plat.
· The preliminary plat date stamped by the City on January 11,2007, shows roadway cross
section details showing the sidewalks are to be located within the required utility and
drainage easements adjacent to the street. Eagle City Code 9-3-6, requires that all utility
easements should be unobstructed. The applicant should provide a revised preliminary plat
and roadway cross section showing a minimum of twelve feet (12') in width with a
minimum ten feet (10') of unobstructed easement adjacent to the street. The revised
preliminary plat should be provided prior to submitting a Design Review application.
· The preliminary plat date stamped by the City on January II, 2007, shows lots backing up
to E. Hill Road and N. Echohawk Way. These lots take access from the interior streets.
The applicant should place a note on the final plat prohibiting direct lot access to E. Hill
Road and N. Echohawk Way.
· The western boundary has a slope exceeding 10% in grade (Lot 29, Block I). The
applicant should provide a plan indicating how slope stability will be achieved for Lot 29,
Block I prior to submitting a Design Review application.
The preliminary plat also shows a twenty foot (20') wide drainage easement at the base of
this slope located in Lots 8, 9, 15, 16, and 17, Block 1. It appears this easement has been
provided to address the drainage from the adjacent slope. The applicant should provide a
revised preliminary plat showing the twenty foot (20') wide drainage easement removed
from Lots 8, 9, 15, 16, and 17, Block I, and located within Lot 29, Block I, prior to
submitting a final plat application.
· Per the Department of Environmental Quality (Boise Regional Office) letter dated
September 7, 2005, sent to Eagle Water Company and forwarded to the City of Eagle, due
to water quantity and pressure concerns the DEQ will not approve additional projects that
receive potable service water from the Eagle Water Company. The applicant needs to
submit letters from the Eagle Water Company and the Department of Environmental
Quality (Boise Regional Office) indicating potable water service has been approved to
serve the site prior to submittal of an application for final plat approval.
· The City of Eagle Transportation/Pathway Map designates a multi-use pathway located
adjacent to E. Hill Road. The applicant should meet with City of Eagle Parks and
Pathways Development Committee for review and approval of a pathway adjacent to E.
Hill Road prior to submitting an application for Design Review approval.
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STAFF RECOMMENDED FINDINGS:
· Preliminary Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the
Commission and Council", and based upon the infonnation provided to staff to date, staff
believes that the proposed preliminary plat is in accordance with the City of Eagle Code
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, 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.
STAFF RECOMMENDATION PROVIDED WITIllN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested 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 April
16, 2007, 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 (not including the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSIONS DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 recommend approval of PP-02-07 for a preliminary plat for Aguila
Mountain Estates Subdivision for Red Rock Development, LLC, with the following staff
recommended site specific conditions of approval and standard conditions of approval with
underline text to be added by the Commission.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
I. 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.
2. Comply with all site specific conditions provided within the City Engineering firm's (Holladay
Engineering) letter dated March 19,2007.
3. Provide a landscape plan showing berming, fencing, and planting details within the required 35-
foot wide buffer area along E. Hill Road abutting this site for review and approval by the Design
Review Board prior to the submittal of a final plat.
4. A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to submitting a
final plat application.
5. Submit letters from the Eagle Water Company and the Department of Environmental Quality
(Boise Regional Office) indicating potable water service has been approved to serve the site prior
to submitting a final plat application.
6. The applicant shall obtain a license agreement from ACHD, to allow the right-of-way between the
property lines and the edge of pavement along E. Hill Road, N. Echohawk Way, and the interior
streets to be landscaped prior to the City Clerk signing the final plat.
7. Provide a revised preliminary plat and roadway cross section showing the easement to be a
minimum of twelve feet (12') in width with a minimum ten feet (l0') of unobstructed easement
adjacent to the street. The revised preliminary plat should be provided prior to submitting a Design
Reviewapplication.
8. Provide a revised preliminary plat showing a typical street section for a cul-de-sac prior to
submitting a final plat application.
9. Provide a plan indicating how slope stability will be achieved for Lot 29, Block I prior to
submitting a design review application.
10. Provide a revised preliminary plat showing the twenty foot (20') wide drainage easement removed
from Lots 8, 9, 15, 16, and 17, Block I, and located within Lot 29, Block], prior to submitting a
final plat application.
11. Place a note on the final plat prohibiting direct lot access to E. Hill Road and N. Echohawk Way.
12. The applicant shall meet with City of Eagle Parks and Pathways Development Committee for
review and approval of a pathway adjacent to E. Hill Road prior to submitting an application for
Design Review approval.
13. The applicant shall submit a Design Review application showing trees, landscaping, benning i!
minimum of eight feet (8') in height adiacent to Lots 2 and 20-27, Block I proposed signage,
fencing, and planting details within the required buffer area along E. Hill Road abutting this site
for review and approval by the Design Review Board prior to the submittal of a final plat
application.
14. Extend the landscaping within the required buffer area along E. Hill Road to within nine feet (9')
from the edge of pavement. The nine feet (9') between the landscaping and edge of pavement
(along the entire frontage of this site) shall be graveled as approved by ACHD. The gravel
shoulder area shall be maintained and kept free of weeds and debris.
15. The 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
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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 nine foot (9') wide
landscape strip between the five foot (5') 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 improvements. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not penn it landscaping.
16. Construct a minimum five foot (5') wide detached concrete sidewalk along E. Hill Road abutting
this site.
17. 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."
18. The Aguila Mountain Estates Subdivision shall remain under the control of one Homeowners
Association.
19. The applicant shall place a note on the final plat that all common lots are to be owned and
maintained by the Aguila Mountain Estates 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.
20. The applicant shall provide CC&Rs that the Aguila Mountain Estates Homeowner's Association
shall have the duty to maintain all common landscape areas in the subdivision and that they are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity.
21. The applicant shall provide CC&R's with language addressing that the lots on the east side of
Aguila Mountain Estates Subdivision will be impacted bv noise from State Highwav 55.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.c. 39-1 ] 8).
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.
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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
(I) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
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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 penn its.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building pennit.
] 5. 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 Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat by
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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 plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
3 I. 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 plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
34. Place a note on the final plat which states in general that surrounding land with fann 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 of3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:30 PM, January 4, 2007, at Eagle City Hall in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on January I I, 2007.
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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
Code on March 26, 2007. 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 March 26, 2007. Requests for agencies' reviews were
transmitted on March 6, 2007, in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with Eagle City Code on March 30, 2007.
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-02-07) and based upon the infonnation 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, 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, 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 7th day of May, 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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