Findings - CC - 2007 - A-05-07/RZ-06-07/PP-08-07 - June Lockey Subd/36 Lot/20.47 Acre/3633 W Beacon Light Rd
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT TO R-2-DA AND PRELIMINARY )
PLAT FOR JUNE LOCKEY SUBDIVISION )
FOR LAKESIDE CAPITOL GROUP, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-05-07/RZ-06-07 & PP-08-07
The above-entitled Annexation, Rezone, and Preliminary Plat applications came before the Eagle City
Council for their decision on June 26, 2007, 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:
Lakeside Capitol Group, LLC, represented by Jake Merrill, is requesting an annexation
and rezone from RUT (Rural-Urban Transition - Ada County designation) to R-2-DA
(Residential 1.60 units per acre with a development agreement), and preliminary plat
approval for June Lockey Subdivision, a 36-lot (33 buildable, 3 common) residential
development. The 20.47-acre site is located on the south side of W. Beacon Light Road
approximately 650-feet east of Park Lane at 3633 W. Beacon Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, March 9, 2007, at 3664 W. Tobasco Trail
Lane, Eagle, in compliance with the application submittal requirement of Eagle City Code.
The applications for this item were received by the City of Eagle on March 14, 2007. A
revised preliminary plat application was received by the City of Eagle on April 30, 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 April 19,2007. 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 April 16,2007. Requests for agencies' reviews were transmitted on March 16,
2007, in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on April 20, 2007.
Notice of Public Hearing on the application for the City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on June 4,2007. 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 May 29, 2007. The site was
posted in accordance with the Eagle City Code on June 8, 2007.
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 City 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:
COMPPLAN WNING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two RUT (Ada County Residence and agricultural
Designation)
Proposed No Change R-2-DA (Residential-1.6 Residential subdivision
units per acre with a
development agreement)
North ofsite Residential Rural RUT (Ada County Residence and agricultural
Designation)
South ofsite Residential Two RUT (Ada County Residential (Proposed
Designation) and R-E Tobasco Trail Subdivision)
(Residential Estates-up to one
unit per two acres)
East of site Residential Two RUT (Ada County Residential (Tamara Place)
Designation)
West ofsite Residential Two RUT (Ada County Residential (Proposed
Designation) Lingel Subdivision) and
agricultural
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
1. SITE DATA:
Total Acreage of Site - 20.4 7 acres
Total Number of Lots - 36
Residential- 33
Commercial - 0
Industrial - 0
Common - 3
Total Number of Units - 33
Single-family - 33
Duplex - 0
Multi-family - 0
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Total Acreage of Any Out-Parcels - none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.60-units per acre 1.60-units per acre maximum
(per requirements of development
agreement)
Minimum Lot Size 17,270-square feet 17,000-square feet
(exeept that larger lots adjacent to the
perimeter are required for appropriate
transitioning)
Minimum Lot Width 100- feet 75-feet
Minimum Street Frontage 50- feet 35-feet
Total Acreage of Common Area 2.93-acres 2.05-acres (minimum)
Percent of Site as Common Area 14.3% 10% (minimum)
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
As required by Eagle City Code Section 8-2A-7(J)(4)(b), the applicant proposes to
construct a fifty-foot (50') wide buffer along West Beacon Light Road. All berming,
fencing and landscaping details, including any proposed pump houses for pressurized
irrigation, are required for Design Review Board review and approval prior to submittal of
a final plat.
Open Space and Design:
The proposed development includes 2.93 acres (14.3%) of common area. The common
area consists of the required buffer area along N. Beacon Light Road, an open space lot
consisting of 2.40 acres (approximately) located adjacent to the southern boundary, and a
landscape island within the cul-de-sac in the northwest comer of the subdivision. The
application states a pathway will provide east to west connection within the common area
on the southern boundary of the subdivision.
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 12-feet wide.
Fire Hydrants and Water Mains:
The preliminary plat shows three (3) fire hydrants located within the subdivision. Hydrants
are to be located and installed as may be required by the Eagle Fire District.
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On-site Septic System (yes - existing to be removed)
The existing dwelling on site is served by a septic system. If the existing dwelling is not
removed the applicant will be required to connect the existing dwelling into a central
sewer system. If the existing dwelling is removed the applicant will be required to obtain
the proper permits and abandon the septic system.
Pressurized 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. The narrative provided with the application indicates the
property has existing water rights from the Farmer's Union Ditch Company. The applicant
is proposing to work with the adjacent developers of Tabasco Trail Estates and Lingel
(Adonai) Subdivisions to establish a joint water association for providing the required
pressurized irrigation to the developments.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. The site currently has mature trees in proximity to the existing
residence located on the site and on the east, south and west property boundaries.
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:
The detailed typical street section on the preliminary plat shows Adonai Drive and Desoto
Way with a fifty foot (50') wide right-of-way street section with a thirty-six foot (36')
wide travelway (back of curb to back of curb) with ribbon curbing. The preliminary plat
shows Adonai Drive providing access to the subdivision from West Beacon Light Road
with a landscape island located within the street and twenty one foot (21 ') wide travelway
on each side of the landscape island. Adonai Drive also provides a connection to the
proposed Lingel (Adonai) Subdivision to the west. Desoto Way will provide connection to
the proposed Tobasco Trail Estates Subdivision to the south. The street section also shows
an eight foot (8') wide planter strip partially located within the right-of-way.
Cul-de-sac Design:
One 560-foot cul-de-sac (Desoto Way) is proposed with 50-foot radius and ten foot (10')
radius landscape island.
Curbs, Gutters and Sidewalks:
Beacon Light Road abutting this parcel is currently not improved with any curb, gutter or
sidewalk. A 5-foot wide meandering detached sidewalk is required along North Beacon
Light Road abutting the northern portion of the site. A detached five-foot (5') wide
concrete sidewalk is proposed abutting both sides of the roadway on the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning
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Administrator prior to the submittal of the final plat. Any modifications made to the lights
shall be completed before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee is required prior to the
submittal of a Final Plat. Any modifications of street names shall be completed before
final plat approval.
L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Pedestrian circulation will utilize the proposed detached sidewalks and a pathway located
within the 2.40 acre open space lot (Lot 5, Block 1) which will provide connection to
adjacent properties.
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.
M. PUBLIC USES PROPOSED: None
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. A V AIL ABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Potable Water:
The site is located within the United Water of Idaho's service area. United Water has not
provided correspondence regarding serviceability of this site.
Sewer:
The Eagle Sewer District stated in correspondence dated March 19, 2007, that the
property is not annexed within the District boundaries and sewer service would be
provided for by a 12" PVC main line that is currently being constructed as part of the
Shaunessy Subdivision project. The correspondence also states that before they would
allow for the extension and connection to the sewer system sewer plans would need to be
submitted and approved by the District.
Schools:
Joint School District NO.2 states that the Meridian School District is currently operating
beyond capacity. Residents within this development cannot be assured their children will
be attending neighborhood schools, as it may be necessary to bus students to other schools
across the district.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes - east, south and western property boundaries
Riparian Vegetation - no
Steep Slopes - no
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Stream/Creek: no
Unique Animal Life - no
Unique Plant Life - unknown
Unstable Soils - no
Wildlife Habitat - no
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
R. 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 April 23, 2007, are of special
concern (attached to the staff report and incorporated herein by reference).
Ada County Highway District (ACHD) date stamped by the City on April 9, 2007
Ada County Highway District (ACHO) date stamped by the City on May 3,2007
Central District Health Department
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Joint School District No.2
S. COMMENTS FROM THE CITY FORESTER (attached within the staff report):
Tree valuations and map from Julie Lafferty, City Forester, dated March 23 2007.
T. LETTERS FROM THE PUBLIC (attached within the staff report):
Patricia Minkiwicz stated in correspondence date stamped by the City on April 30, 2007,
that the proposed subdivision is in an area oftransitioning and that the proposed lots a half
acre in size are not a proper transition to the five acre properties located across Beacon
Light Road.
Barbara Crowell provided a petition from property owners located in the general vicinity
of the development and associated correspondence date stamped by the City on May 14,
2007, addressing what they believe are problems with the development and providing
recommended solutions. The correspondence also indicates that the neighborhood
meetings for the developments (Lockey, Tobasco Trails, and Lingel[Adonai]
Subdivisions) were sporadic at best.
Craig Halls stated in correspondence date stamped by the City on May 17, 2007, that he
has reviewed the concept maps for June Lockey, Adonai, and Tobasco Trail Estates
Subdivision and is in favor of the developments.
Greg Guymon stated in correspondence date stamped by the City on May 17, 2007, that he
has reviewed the concept maps for June Lockey, Adonai, and Tobasco Trail Estates
Subdivision and is in favor of the developments.
Jane Klosterman and Melissa Ussery provided a signed petition date stamped by the City
on May 17, 2007, indicating they have reviewed the concept maps for June Lockey,
Adonai, and Tobasco Trail Estates Subdivision and are in support of the developments
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. 2007COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map (adopted February 13,2007) designates this site
as Residential two:
Suitable primarily for single family residential development within areas that are rural in
character. Maximum density of up to 2 units per 1 acre.
. 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:
b. The Eagle Sewer District provides sewer service within a designated sewer
service area.
c. The Meridian and Boise School Districts provide K-12 education.
g. Private canal companies and drainage districts provide irrigation water and
drainage water management.
4.9 Other Services and Utilities Existing Conditions
b. Pressure Irrigation: The City of Eagle currently requires developers to install
pressurized irrigation systems for the irrigation oflandscaping when new
development is within an irrigation district and water rights are available.
. Chapter 6 - Land Use
6.2 Future and Existing Land Use Conditions
Residents of Eagle and its AOI have a strong desire to maintain the rural "feel" of the
community. The area of impact is primarily rural in nature; the majority of the area is
currently divided into 10+ acre tracts and limited 1 acre lots developed within the County.
The vision for the area focused on identifYing activity centers and the regional
transportation corridors while preserving the rural character of the City of Eagle. These
areas are the final development area for the City as lands to the east, south and west begin
to be incorporated into other municipalities. In order to ensure the quality of life that is
desired by Eagle residents, it is necessary to maintain a tax base that is adequate for
providing expected public services.
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6.4 Land Use Goals
a. Preserve the rural transitional identity.
6.6 Land Use Implementation Strategies
k. Protect gravity flow irrigation systems including canals, laterals and ditches to
assure continued delivery of irrigation water to all land serviced by such
systems, to protect irrigation systems as a long range economical method for
water delivery and to coordinate surface water drainage to be compatible with
irrigation systems.
I. Protect farm- related uses and activities from land use conflicts or from
interference created by residential, commercial, or industrial development.
Promote the Idaho Right To Farm Act.
x. Require design treatments to provide compatibility of new development with
existing development by considering such issues as building orientation,
increased setbacks, height limitations, size restrictions, design requirements,
fencing, landscaping or other methods as determined through the development
revIew process.
. Chapter 8 - Transportation
8.2.2 Minor Arterial
Mobility Function:
The primary function of a minor arterial is to carry through traffic by connecting with and
augmenting the principal arterial system. A minor arterial may serve motorized and
non-motorized transportation needs, be designed with the minimum street section needed
to accommodate projected traffic volume, and in conformance with the Long Range
Transportation Plan of APA.
Access Function:
Access to other roadways is less restrictive than principal arterials. Direct lot access is
typically severely restricted.
Right-of- Way:
Rights-of-way are determined by the Ada County Highway District (ACHD) which should
seriously consider recommendations provided by the City.
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 IIRearllnterior Street
Side Side
1~~11O' 1120'
Maximum Lot Minimum Lot Area
Covered (Acres Or Sq. Ft.) G
And H*
1140% 1117.000
Minimum
Lot
Width I'
1175'
IR-2 1135'
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.
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· Eagle City Code Section 8-2A-7; Landscape and Buffer Area Requirements:
C.Existing Vegetation:
1. 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:
IExisting Tree IIReplacement I
II inch to 6 inches caliperl12x caliper of tree removed I
16 1/4 inches to 12 inches 1I1.5x caliper oftree removed I
112 1/4 inches or more Illx caliper of tree removed I
J.Buffer Areas/Common Lots:
4. Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as the
distance from the outside wall of the lowest story of any single-family attached or
detached dwelling and the right of way line of the roadway. The lowest story must be
screened from the view of any street classified as a collector, arterial, freeway, or
expressway. This buffer is required either on individual lots or as an easement, or as
part of the common open space owned and maintained by a homeowners' association.
Any landscaping proposed to be within the public right of way shall not be included as
a part of the buffer area required below. The height for berming/fencing, as noted
below, shall be measured from the elevation of the final grade of the adjacent roadway
(measured at the centerline) to the top of the proposed berming/fencing. The required
buffer area width, plantings, and fencing are as follows:
b. Any road designated as a minor arterial on the Ada County long range highway
and street map:
A minimum off"Ifty feet (50') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of
way: five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental
trees, and twenty four (24) shrubs. Each required shade tree may be substituted with
two (2) flowering/ornamental trees, provided that not more than fifty percent (50%)
of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope
for any berm shall be three feet (3 ') horizontal distance to one foot (I ') vertical
distance. If a decorative block wall, cultured stone, decorative rock, or similarly
designed concrete wall is to be provided, in combination with the berm, a four foot
(4') wide 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.
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C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE 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 Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions,
improvements and facilities done, constructed or made in accordance with said provisions
shall comply with the minimum design standards set forth in this chapter; provided,
however, that any higher standards adopted by any highway district, the Idaho
transportation department or health agency shall prevail over those set forth herein.
· Eagle City Code Section 9-3-2 Streets and Alleys:
9-3-2-1: Location:
Street and road location shall conform to the following standards:
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than five hundred feet
(500') in length and shall terminate with an adequate circular turnaround having a
minimum radius of fifty feet (50') of right of way with the following exceptions:
1. Alternative types of turnarounds for cul-de-sacs which will provide access to less
than thirteen (13) dwelling units may be permitted by the city if approved by the
fire department and the highway district having jurisdiction.
· Eagle City Code Section 9-3-5: Lots:
Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the official
height and area regulations as set forth in section 8-2-4 of this code.
· 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').
· Eagle City Code Section 9-3-8 Public Sites and Open Spaces:
Public sites and open spaces shall conform to the following standards:
B. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, watercourses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the
subdivision.
· Eagle City Code Section 9-4-1-5 Streetlights:
All subdividers within the city limits and within the area of city impact shall be required to
install, at the subdividers' expense, streetlights in accordance with city specifications and
standards at locations designated by the "administrator" (as defined by section 9-1-6 of
this title, or his/her representative, hereinafter referred to as "administrator"). After
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installation and acceptance by the administrator, the city shall have the right to pay the
cost of maintenance and power and assume ownership of the streetlights.
· Eagle City Code Section 9-4-1-6 Pedestrian/Bicycle Pathway and Sidewalk Regulations:
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:
d. Neighborhoods;
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
h. In similar cases where deemed appropriate.
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 ofthe 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.
· 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 9-4-1-8 Underground Utilities:
Underground utilities are required.
· Eagle City Code Section 9-4-1-11 Fire Hydrants and Water Mains:
Adequate fire protection shall be required in accordance with the appropriate fire district
standards.
· 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.
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D. DISCUSSION:
· The Eagle Comprehensive Plan Land Use Map designates the property as "Residential
Two" with a density not to exceed two (2) units per acre. Currently, the approximate
20.47-acre parcel is being utilized as farm ground. The existing residence and accessory
buildings are located at the northeast portion of the property. With the development of this
site, the applicant proposes a thirty-six (36) lot residential subdivision (33 buildable lots
and 3 common lots). The applicant is proposing to remove all existing structures from the
site, which should be conditioned to be completed prior to the City Clerk signing the final
plat. A demolition permit should be required prior to the removal of the structures and the
proper approvals for the removal of the existing well and septic tank should be provided
prior to the submittal of the final plat.
· The two lots located within Tamara Place Subdivision adjacent to the east are 5. I and 7.1
acres in size. The June Lockey Subdivision preliminary plat date stamped by the City on
April 26, 2007, shows ten (10) lots bordering the aforementioned two (2) lots. The ten
(10) lots of the proposed subdivision range in size from 17,300 square feet to 26,995
square feet in size with the largest lot having the smallest boundary adjacent to Tamara
Place Subdivision.
Policy 6.4, Land Use Goals within the Land Use chapter of the 2007 Eagle
Comprehensive Plan indicates that Eagle should preserve the rural transitional identity.
Policy 6.6, Land Use Implementation Strategies, describes that design treatments should
be utilized to provide compatibility of new development with existing development by
considering such issues as building orientation, increased setbacks, height limitations, size
restrictions, design requirements, fencing, landscaping, or other methods as determined
through the development review process. To provide for a transition from the larger lots
located within Tamara Place Subdivision to the east the applicant should provide a revised
preliminary plat showing six (6) lots adjacent to the eastern boundary with the minimum
lot size of each lot to be 35,000 square feet in size prior to submitting a design review
application. The applicant should also provide a landscape plan showing buffering to the
adjacent properties to the east and west to be reviewed and approved by the Design
Review Board prior to submitting a final plat application.
· The preliminary plat date stamped by the City on April 26, 2007, shows the lots located at
the comers of Desoto Way and Adonai Drive ranging in size from 17,686 square feet to
20,193 square feet. Per Eagle City Code all lots with street side frontage shall have a
minimum lot area that is 10 percent larger than the minimum lot size within the respective
zoning designation. The minimum lot size for the R-2 zone is 17,000 square feet. The
applicant should provide a revised preliminary plat showing the lots located at the comer
of Desoto Way and Adonai Drive to be a minimum of 18,700 square feet in size prior to
submitting a final plat application
· The preliminary plat date stamped by the City on April 26, 2007, shows Adonai Drive
providing an access point from Beacon Light Road approximately 1 08-feet west of the
eastern boundary. Beacon Light Road is designated as a Minor Arterial on the Ada County
Functional Street Classification Map. Adonai Drive bisects the development and provides
an additional access point to the west approximately 345-feet north of the southern
boundary. Desoto Way will provide a connection from the southern boundary to Adonai
Drive. The preliminary plat shows a forty-foot (40') wide common lot adjacent to Beacon
Light Road for the construction of a buffer area. Eagle City Code Section 8-2A-7 (1)( 4)(b)
requires the installation of a buffer area adjacent to minor arterials to be a minimum of
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fifty feet (50') wide abutting the road right-of-way. The applicant should provide a revised
preliminary plat showing the common lots adjacent to Beacon Light Road to be a
minimum of fifty feet (50') wide prior to submitting a design review application.
· The Eagle Sewer District provided correspondence date stamped by the City on March 20,
2007, indicating that the property has not been annexed into the District. The property 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 provided to the
City from the Eagle Sewer District approving the final construction plans prior to the City
Clerk signing the final plat.
· The Pressurized Irrigation Analysis date stamped by the City on March 15, 2007, for
Lockey and Tabasco Trail Estates Subdivisions states that the pressurized irrigation
system will be a combined system between June Lockey Subdivision, Tabasco Trail
Estates, and Lingel (Adonai) Subdivision, to create a common pressurized system.
The narrative goes on to describe that a Joint Water Association will be formed for the
three developments and will be owned by the homeowner's association. It further states
the Joint Water Association will hire an operator for maintenance and operation of the
system. Staff has not received any documentation formalizing a "Joint Water Association"
that will serve as the controlling body for the irrigation system. To ensure that the
pressurized irrigation system will be owned and operated by the property owners of the
three developments, the applicant should provide language in the CC&R's and an
operation and maintenance manual that also provides a funding mechanism for the
replacement of pumps. The applicant should also provide a formalized agreement for a
Joint Water Association system to be submitted at the time of application for final plat
approval.
· The narrative provided by the applicant indicates that the June Lockey, Tobasco Trail
Estates, and Dwayne Lingel (Adonai) Subdivisions are being coordinated as a master plat
that creates transitional flow and joint amenities for all three developments. The applicant
should provide a formalized agreement for a Joint Homeowner's Association for June
Lockey, Tobasco Trail Estates, and Dwayne Lingel (Adonai) Subdivisions for the
operation and maintenance of the common areas. The formalized agreement shall be
submitted at the time of application for final plat approval.
· The preliminary plat date stamped by the City on April 26, 2007, shows a street section for
Adonai Drive and Desoto Way with the sidewalks located outside of the public right of
way. The applicant should provide a copy of the public access easement granted for the
sidewalks located outside of the right of way prior to the City Clerk signing the final plat.
· The preliminary plat date stamped by the City on April 26, 2007, shows roadway cross
section details showing the sidewalks 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 easement width of twelve feet (12') feet with a
minimum ten feet (10') of unobstructed easement width adjacent to the sidewalk prior to
submitting a final plat application.
· The preliminary plat date stamped by the City on April 26, 2007, does not show a roadway
cross section detail for Beacon Light Road. The City of Eagle Pathway Map shows a
proposed bike lane to be located on Beacon Light Road. The applicant should provide a
revised preliminary plat showing a roadway section with a bike lane located adjacent to
Beacon Light Road prior to submitting a design review application.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Annexation,
Rezone with development agreement, and Preliminary Plat with conditions as provided within the
staff report for both the development agreement and the subdivision site specific conditions and
standard conditions of approval.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on May 7,
2007. The Commission continued the item to May 21, 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 one
(1) individual who was the original developer of Shaunessy (Park Place Gardens) south of this
development. The individual indicated that the proposed subdivision provides good transitioning and
that the development will provide sidewalks and pathways for residents to move through the area
safely.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by six (6) individuals who expressed the following concerns regarding the development:
I. Lack oftransitioning oflot sizes
2. Lack of appropriate buffering from the adjacent properties
3. Proposed density is inappropriate for the area
4. Residents within the subdivision will create additional traffic on adjacent roadways
5. Pressurized irrigation and water rights has not been properly addressed
6. Children from the development will be required to walk to school on Park Lane where there are
currently no sidewalks
COMMISSION DECISION REGARDING THE ANNEXATION, REZONE AND
DEVELOPMENT AGREEMENT:
The Commission voted 5 to 0 to recommend approval of A-05-07/RZ-06-07 for an annexation and
rezone from RUT to R-2-DA with conditions to be placed within a development agreement as
provided within their findings of fact and conclusions of law document, dated June 4, 2007.
COMMISSIONS DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend denial of PP-08-07 for a preliminary plat for June
Lockey Subdivision for Lakeside Capitol Group, LLC. A favorable recommendation could be
provided if the concerns as noted within their findings of fact and conclusions of law document,
dated June 4, 2007, were addressed.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 26, 2007, 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 six (6) individuals who
indicated the proposed subdivision complies with the Comprehensive Plan designation of Residential
Two, this development is similar to other proposed developments and developments currently being
constructed in the area, and will transition well with the adjacent properties when they are redeveloped
in the future. They also indicated with the concessions made by the developer and the combination of
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this subdivision with the Lingel (Adonai) and Tobasco Trail Subdivisions, the overall plan has
improved providing vehicle and pedestrian connectivity and nice amenities within the development.
One (1) of the individuals indicated the proposed density is needed to support business within the City.
C. Oral testimony in opposition to this proposal was presented to the City Council by three (3)
individuals. Those individuals indicated the subdivision preliminary plat does not show a transition of
lot sizes to the adjacent properties, views will be obstructed by homes to be constructed within the
development, and the additional traffic from the residents within the subdivision and high school
students driving through the subdivision will be an impact to the area. Two (2) of the individuals also
indicated a concern regarding the excess irrigation water which will drain from the proposed pond
located within the common lot. One (I) of the individuals also voiced concerns indicating that there
was a lack of information provided regarding the subdivision, no traffic roundabout is provided at the
intersection of Adonail Drive and DeSoto Way, the Council should follow the recommendation of the
Planning and Zoning Commission.
COUNCIL DECISION REGARDING THE REWNE:
The Council voted 4 to 0 to approve A-05-07/RZ-06-07 for an annexation and rezone from RUT
to R-2-DA with the following conditions to be placed within a development agreement:
2.1 The maximum overall density of the property shall not exceed 1.60 units per acre.
2.2 The Concept Plan (Exhibit A) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in
that concept may occur or be required. If the City determines that any such changes require
additional public comment due to potential impacts on surrounding property or the
community, a public hearing shall be held on any proposed changes in the Concept Plan,
notice shall be provided as may be required by the City.
2.3 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding design
review, preliminary and final plat reviews, and/or any conditional use permits, if applicable,
and any other applicable applications as may be required by the Eagle City Code, which shall
comply with the Eagle City Code, as it exists at the time such applications are made except as
otherwise provided within this Agreement.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP-08-07 for a preliminary plat for June Lockey Subdivision
for Lakeside Capitol Group, LLC, with the staff recommended site specific conditions of approval
and standard conditions of approval with underline text to be added by the Council and strike-
through to be deleted by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all conditions within the development agreement for rezone application RZ-06-07.
2. Comply with all requirements of the City Engineer.
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. A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries and approving the final
construction plans prior to submitting a final plat application.
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5. Provide a landscape plan showing berming, fencing, and planting details within the required fifty foot
(50') wide buffer area along Beacon Light Road abutting this site for review and approval by the
Design Review Board prior to submitting a final plat application.
6. The applicant shall provide a revised preliminary plat that shows the sidewalk along Beacon Light
Road to be meandering (compliant with Ada County Highway District requirements) and detached at
least nine feet (9') from the edge of the road prior to submitting a design review application.
7. Provide a revised preliminary plat and roadway cross section showing a minimum easement width of
twelve feet (12') feet with a minimum ten feet (10') of unobstructed easement width adjacent to the
sidewalk prior to submitting a final plat application.
8. Provide a revised preliminary plat showing the lots located at the comer of Desoto Way and Adonai
Drive to be a minimum of 18,700 square feet in size prior to submitting a final plat application.
9. Provide a revised preliminary plat showing a roadway section with a bike lane located adjacent to
Beacon Light Road prior to submitting a design review application.
10. The conditions, covenants, and restrictions for the Property shall contain at least the following:
(a) Provide that the association( s) shall have the duty to maintain and operate the pressurized
irrigation system and all ofthe common landscape areas in the subdivision in a competent and
attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in
accordance with Eagle City Code, in perpetuity.
(b) An operations and maintenance manual for the irrigation system requiring the joint water
association(s) shall have the duty to maintain and operate the pump providing water to the system
including the funding mechanism for the repair and replacement of the pump.
11. Provide a formalized agreement between the property owners of June Lockey, Tobasco Trail Estates,
and Dwayne Lingel (Adonai) Subdivisions for a Joint Water Association to operate and maintain the
pressurized irrigation system. The Joint Water Association agreement shall be submitted at the time of
application for final plat approval.
12. Provide a formalized agreement for a Joint Homeowner's Association for June Lockey, Tobasco Trail
Estates, and Dwayne Lingel (Adonai) Subdivisions for the operation and maintenance of the common
areas. The formalized agreement shall be submitted at the time of application for final plat approval.
13. The applicant shall submit a design review application showing at a minimum: I) proposed
development signage, 2) planting details within the proposed and required landscape berms,
landscaped islands, and all common areas throughout the development, 3) elevation plans for all
proposed common area structures and irrigation pump house (if proposed), 4) landscape screening
details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered
shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) design of ponds to be
constructed in reference to mosquito abatement. The design review application shall be reviewed and
approved by the Eagle Design Review Board and Eagle City Council prior to the submitting an
application for final plat approval.
14. The developer shall remove all structures (houses, barns, sheds, etc.) from the site prior to the City
Clerk signing the Final Plat. Demolition permits shall be obtained prior to the removal of said
structures and approval permits for the removal of the existing well and septic.
15. Provide documentation showing the proper approvals have been provided and the wells and septics
have been abandoned for the existing dwelling shown on the preliminary plat date stamped by the City
on April 26, 2007, prior to the City Clerk signing the final plat.
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16. Provide a landscape plan showing landscape buffering to the adjacent properties to the east and west
to be reviewed and approved by the Design Review Board prior to submitting a final plat application.
17. Provide Ii nwised preliminlil)' plat showing six (6) lots adjlieent to the eastern boundary witA tAe
minimum lot size of elieA lot to be 35,000 square feet in size prior to submitting Ii design review
aflplieatioH.
18. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
19. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot generally at each side property line, or as approved by the
Design Review Board. The trees shall be located in the 8-foot wide landscape strip between the 5-foot
wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall
either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150%
of the cost of the installation of all landscape and irrigation 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.
20. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be
integrated into the open space areas or private lots (unless approved for removal by the City Forester
and the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. The applicant shall have an on-site meeting with the City Forester to survey
all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant
to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement
of any construction on the site.
21. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site, prior to the City Clerk signing the final plat.
22. Provide a copy of the public access easement granted to ACHD for the sidewalks located outside of
the right of way prior to the City Clerk signing the final plat.
23. Extend the landscaping within the buffer area along Beacon Light Road to within 9-feet from the edge
of pavement. The 9-feet between the landscaping and edge of pavement (along the entire frontage of
this site) shall be graveled as approved by ACHD. The gravel shoulder area shall be maintained and
kept free of weeds and debris.
24. The June Lockey Subdivision shall remain under the control of one Homeowners Association.
25. The applicant shall address irrigation water leaving the site within a revised pressurized irrigation plan
to be submitted at the time of application for final plat approval.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
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3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (1.c. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are 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.
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12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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 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
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approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
28. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 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
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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 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 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:
1. A Neighborhood Meeting was held in compliance with the application submittal requirement of Eagle
City Code at 6:00 PM, March 9, 2007, at 3664 W. Tobasco Trail Lane, Eagle in compliance with the
application submittal requirements of Eagle City Code. The applications for this item were received by
the City of Eagle on March 14,2007. A revised preliminary plat application was received by the City
of Eagle on April 30, 2007.
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 April 19, 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 April 16, 2007. The site was posted in accordance
with the Eagle City Code on April 20, 2007. Requests for agencies' reviews were transmitted on
March 16,2007, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the City Council was published in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 4,2007. 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 May 29, 2007. The site was posted in accordance with the Eagle City Code on June 8, 2007.
3. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
(A-05-07/RZ-06-07) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed annexation and rezone
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The requested zoning designation of R-2-DA (Residential-1.6 units per acre with a
development agreement) is consistent with the Residential Two 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;
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c. The proposed R-2-DA (Residential-1.6 units per acre with a development agreement) zone is
compatible with the RUT (Residential Urban Transition - Ada County designation) zone and
land uses to the east and west since these areas are designated Residential Two in the
Comprehensive Plan and are either proposed to be developed in the same manner (Dwayne
Lingel (Adonai) Subdivision) or could be developed in the same manner at a later date, and;
d. The proposed R-2-DA (Residential-1.6 units per acre with a development agreement) zone is
compatible with the R-E (Residential-Estates - up to one unit per two acres) zone and RI
(Residential - Ada County designation) zone and land uses to the south since these areas are
designated Residential Two in the Comprehensive Plan and are either proposed to be
developed in the same manner (Tobasco Trail Estates Subdivision) or could be developed in
the same manner at a later date, and;
e. The proposed R-2-DA (Residential-I.6 units per acre with a development agreement) zone is
compatible with the RUT (Residential Urban Transition - Ada County designation) zone and
land use to the north since Beacon Light Road is a minor arterial and a fifty foot (50') wide
landscaped berm will separate this property from those areas, and;
f. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
g. 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.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-08-
07) 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 Ada County
Highway District, Eagle Fire District, and 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.
Page 22 of 23
K:\Planning DeptlEagle Applications\SUBS\2007\Lockey Sub eef.doe
DATED this 10th day of July 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Page 23 of23
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