Findings - CC - 2010 - PP/FP-01-10/V-01-10 - M3 Co Request For Combined Preliminary Plat And Final Plat Approval N Hartley Rd & W Beacon Light Rd
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A COMBINED PRELIMINARY )
PLATIFINAL PLAT AND A VARIANCE )
FOR A PRIVATE STREET FOR MJ/HANSON )
SUBDIVISION FOR MJ COMPANIES, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PPIFP-Ol-lO & V-Ol-lO
The above-entitled combined preliminary plat/final plat and variance applications came before the Eagle
City Council for their action on November 23, 2010, 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:
M3 Companies, LLC, represented by Shawn Nickel with Stanley Consultants, Inc., is
requesting combined preliminary plat and final plat approval for M3-Hanson Subdivision,
a five (5) lot residential subdivision (4-residential, I-private street) and a variance to allow
for a private street within the subdivision. The 24.22 - acre site is generally located on the
west side of North Hartley Road approximately 0.8 miles north of West Beacon Light
Road.
B. APPLICA TION SUB MITT AL:
A Neighborhood Meeting was held at 6:00 PM, Wednesday, August 11, 2010, at the M3
Eagle office located at 533 E. Riverside Drive, Suite 110, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on August 17, 2010.
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 August 30, 2010. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on August 30,2010. The site was posted in accordance with the Eagle City Code on
September 22,2010. Requests for agencies' reviews were transmitted on August 20,2010,
in accordance with the requirements ofthe 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 November 8, 2010. Notice of this public hearing was mailed to property owners
within three hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November 1,
2010. The site was posted in accordance with the Eagle City Code on November 13, 2010.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 13, 2009, the Eagle City Council approved an annexation and rezone from
RUT (Rural-Urban Transition - Ada County designation) to A-R-DA (Agricultural-
Residential with a development agreement) for M3 Eagle, LLC (A-08-09/RZ-09-09).
On January 28, 2010, the Zoning Administrator and City Engineer approved a lot line
adjustment of Parcel No. S0334120800 and Parcel No. S0334131200 for Robert and Elsie
Hanson (LLA-02-09).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential A-R-DA (Agricultural- Agricultural land
Residential with a
development agreement)
Proposed No Change A-R-DA (Agricultural- Residential subdivision
Residential with a
development agreement)
North ofsite CitylBLM (Regional Park) PS (Public/Semipublic) & RR Public land (BLM) and a
and Transitional (Rural Residential-Ada single-family residence
Residential County designation)
South of site Transitional Residential A-R-DA (Agricultural- Agricultural land
Residential with a
development agreement)
East of site Transitional Residential RR (Rural Residential-Ada Single-family residences
County designation) and agricultural land
West of site CitylBLM (Regional Park) PS (Public/Semipublic) Public land (BLM)
F. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site - 24.22-acres
Total Number of Lots - 5
Residential - 4
Private Street - 1
Common - 0
Total Number of Units - 4
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre .17 -units per acre I-unit per five acres (.20-units
per acre maximum)
Minimum Lot Size 5.04-acres (219,542 sq. ft.) 4.70-acres (204,732 sq. ft.)
Minimum Lot Width 278-feet (approx.) 100- feet
Minimum Street Frontage 55.24-feet 35-feet
Total Acreage of Common Area O-acres O-acres (not required in the A-
(measured as total landscaping of R zoning district)
the entire site)
Percent of Site as Common Area 0% 0% (not required in the A-R
(measured as total landscaping of zoning district)
the entire site)
I. EAGLE CITY CODE FOR WHICH THE VARIANCE IS BEING REQUESTED:
Eagle City Code Section 9-3-2-5
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to no more than ten percent (10%) of
the lots within a planned unit development provided the council determines that the
private streets are in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings
such that private streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular
and pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency
vehicles.
4. The private streets do not adversely affect access or good transportation planning
to adjacent property and to the area travel networks.
5. The private streets do not land lock adjacent property due to topography or parcel
layout.
6. Other than to provide emergency access, the private streets do not connect one
public street to another, thereby encouraging travel through the development
served by the private street.
7. The use or alignment of the private streets does not interfere with the continuity of
public streets.
8. An appropriate mechanism has been established for the repair and maintenance of
the private streets, including provisions for the funding thereof.
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J. EAGLE CITY CODE SECTION 9-1-6, "RULES AND DEFINITIONS" - "VARIANCE"
A modification of the requirements of this title as to lot size, lot coverage, width, depth,
front yard, side yard, rear yard, setbacks, or other ordinance provisions affecting the size
or shape of a structure or the placement of the structure upon lots, or the size of lots. A
variance shall not be considered a right or special privilege, but may be granted to an
applicant only upon a showing of undue hardship because of characteristics of the site and
the variance is not in conflict with the public interest.
K. IDAHO CODE TITLE 67-6516, "VARIANCE - DEFINITION - APPLICATION - NOTICE -
HEARING"
Each governing board shall provide as part of the zoning ordinance for the processing of
applications for variance permits. A variance is a modification of the requirements of the
ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard,
setbacks, parking space, height of buildings, or other ordinance provision affecting the
size or shape of a structure or the placement of the structure upon lots, or the size of lots.
A variance shall not be considered a right or a special privilege, but may be granted to an
applicant only upon a showing of undue hardship because of characteristics of the site and
that the variance is not in conflict with the public interest. Prior to granting a variance,
notice and an opportunity to be heard shall be provided to property owners adjoining the
parcel under consideration.
L. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE VARIANCE:
See the revised justification letter (attached to the staff report) date stamped by the City on
October 6, 20 I 0, provided by the applicant.
M. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The proposed development is also located next to a minor street (Hartley Road) and a
landscape buffer is not required.
Open Space:
Because this subdivision will be located within the A-R zoning district, a minimum
amount of open space is not required, and none is proposed.
Storm Drainage and Flood Control:
The applicant should demonstrate that the storm water from individual lots is handled by a
storm drainage facility or the applicant should place a note on the final plat stating all
storm water from the individual lots is to be retained on the individual lots per Eagle City
Code 9-4-1-10. This should be completed prior to the City Clerk signing the final plat.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires twelve-foot (12') wide utility easements shall be
provided along all exterior boundaries of the subdivision.
Fire Hydrants and Water Mains:
The applicant is not proposing any fire hydrants since municipal water lines are not
located in proximity to the site.
On site Septic System (yes)-
Since sewer is not located in proximity to the site and the proposed lots are greater than
five (5) acres in size all homes within the development are proposed to be served by
individual septic systems.
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Pressurized Irrigation:
The Farmer's'Union Ditch Company provided documentation indicating that there are no
water rights available to the subject property. The applicant is requesting a waiver of the
pressurized irrigation requirement.
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.
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.
N. STREET DESIGN:
Private or Public Streets: Public
The proposed five (5) lot subdivision is fronted by North Hartley Road and is proposed to
contain one (1) private street approximately lOOO-feet in length.
Applicant's Justification for Private Streets:
The narrative provided by the applicant, date stamped by the City on October 6, 2010,
(attached to the staff report) indicated the justification of proposing a private street is
based on the Ada County Highway District (ACHD) requiring a stub street to the adjacent
parcels. Since there are topographical constraints and the property is bordered on the north
and the west by BLM property and to the south by the Farmer's Union Canal the applicant
is requesting a variance to allow for a private street.
Blocks Less Than 500': None
Cul-de-sac Design:
The preliminary plat date stamped by the City on October 6,2010, shows one 1,000-foot
long (approximately), thirty-six foot (36') wide internal road (private street) that
terminates with a forty-five foot (45') diameter cul-de-sac.
Sidewalks:
The preliminary plat date stamped by the City on October 6, 2010, does not show any
sidewalks within the development. Pursuant to Eagle City Code, in zoning districts which
prohibit densities greater than one dwelling unit per two (2) acres and at the council's
discretion, a four foot (4') wide striped path (with pedestrian designation markings such as
diamonds or pedestrian/bicycle symbols) on both edges of all internal roadways may be
permitted in lieu of constructing sidewalks.
Curbs and Gutters:
The typical street section shown on the preliminary plat date stamped by the City on
October 6, 2010, does not show the proposed street with curbs and gutters.
Lighting:
The applicant will be required to submit plans and details of any proposed lighting to the
City for review and approval by the Zoning Administrator.
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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.
O. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
See discussion under "Sidewalks" above.
Bike Paths: None proposed.
P. PUBLIC USES PROPOSED: None proposed.
Q. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
R. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The lots within the subdivision are proposed to be served by individual wells and septic
systems.
S. SPECIAL ONSITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - No
Riparian Vegetation - No
Steep Slopes - Yes - up to 27.8% on the two (2) lots north of the private road
Stream/Creek - Yes - Fanner's Union Canal
Unique Animal Life - Unknown
Unique Plant Life - Unknown
Unstable Soils - No
Wildlife Habitat - No
T. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
The environmental assessment plan provided by Bob J. Arnold, P.E., date stamped by the
City on October 5, 2010, (attached to the staff report) indicated that the area where the
proposed subdivision is to be constructed is currently used as pastureland and is contained
within a perimeter fence. The site is covered with sage brush and is located above the
Farmer's Union Canal and therefore has no access to irrigation water. Mr. Arnold
indicated there are no known sensitive plants, animal habitats, distinguishing
topographical or scenic features located on the site. Mr. Arnold also provided
correspondence from Mr. Rick Ward with the Idaho Fish and Game Department which
indicated that the Idaho Fish and Game Department is unaware of any federally listed
threatened or endangered species or critical habitats in this general vicinity.
The environmental assessment plan also indicated that the proposed subdivision will
provide an appropriate transition from the proposed higher density subdivisions to the
south and southeast and the open, public land (BLM) to the north.
Based on a site inspection conducted by Mr. Arnold indicated that any proposed
construction on this site and other properties in the vicinity will have little to no effect on
the environment.
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U. 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:
Ada County Highway District - requested the applicant dedicate thirty-five feet (35') in
width of right-ol-way from the centerline of N Hartley Road. Pave a minimum of twenty
to twenty-four feet (20 '-24 ') in width and at least thirty feet (30') in length into the site.
The correspondence also indicated that direct lot access to N Hartley Road is prohibited.
A separate correspondence date stamped by the City on August 10, 2010, recommended
that the city consider granting a variance to allow the roadway with the proposed
M3/Hanson Subdivision to be a private road or driveway, as there is no public benefit for
a public street in this location.
Central District Health Department - requested additional information regarding soil
conditions, depth of seasonal groundwater, waste flow characteristics and may require a
study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters. The correspondence also indicated that the project should be reviewed by
the Idaho Department of Water Resources concerning well construction and water
availability.
Chevron Pipe Line - requested the applicant notifY Chevron Pipe Line prior to any work
being commenced within the Chevron Pipe Line easement.
Department of Environmental Quality - recommended verifYing that there is adequate
water and sewer to serve the project.
Eagle Fire Department - indicated minimum fire flow requirements for residential
dwellings, required that all homes and buildings constructed in the subdivision meet the
Ignition-Resistant construction requirements in accordance with International Building
Code and Wildland-Urban Interface Code. The correspondence also addressed the access
roads in regard to length, width, weight capacity and grade.
Farmer's Union Canal Company - indicated that the property is not located in their
service area and there are not any water rights available to the proposed subdivision.
Idaho Transportation Department - No comment since the property is not located adjacent
to a State highway.
Star Joint Fire Protection District - No comment since the property is located outside of
the Star Joint Fire Protection District
V. LETTERS FROM THE PUBLIC: None received as of this date.
W. REQUIRED FINDINGS FOR APPROVAL OF A VARIANCE:
Eagle City Code Section 9-6-3 (B):
B. Standards For Variances: No variance shall be favorably acted upon by the city council unless
there is a finding, upon recommendation by the commission, as a result of a public hearing,
that all of the following exist:
1. There are such special circumstances or conditions affecting the property that the strict
application of the provisions of this title would clearly be impracticable or unreasonable.
In such cases, the subdivider shall first state his reasons in writing as to the specific
provision or requirement involved.
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2. Strict compliance with the requirements of this title would result in extraordinary hardship
to the subdivider because of unusual topography, other physical conditions or other such
conditions which are not self-inflicted, or that these conditions would result in inhibiting
the achievement of the objectives of this title.
3. The granting of the specified variance will not be detrimental to the public welfare or
injurious to other property in the area in which the property is situated.
4. Such variance will not violate the provisions ofthe Idaho Code.
5. Such variance will not have the effect of nullifYing the interest and purpose of this title
and the comprehensive plan.
X. REQUIRED FINDINGS FOR APPROVAL OF A COMBINED PRELIMINARYIFINAL PLAT:
Eagle City Code Section 9-2-3(B) (1-5)
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like.
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision
ofthe ZoningTitle of the City.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Residential Transition
Residential development that provides for a transition of density within the planning area
while keeping in context the density, scaling and lot sizes of existing or proposed uses.
Commonly requires changes in lot dimensions and scaling, see specific planning area text
for a complete description.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code 8-2-4 Schedule of Building Height and Lot Area Regulations:
Minimum Lot
Width
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C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code Section 9-1-6 defines Hillside Subdivision as:
Any subdivision, or portion thereof, having an average slope of ten percent (10%) or
more.
· Eagle City Code Section 9-3-2 (C)(3)(l) Preliminary Plat - Required Information and Data:
A site report as required by the appropriate health district where individual wells or septic
tanks are proposed
· Eagle City Code Section 9-2-3 (B)(l-5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request
that the subdivision application be processed as both a preliminary and final plat if all the
following exist:
1. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development
in a floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in
an acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
. Eagle City Code Section 9-2-3 (C)(3) Preliminary Plat - Required Information and Data:
I. A site report as required by the appropriate health district where individual wells or
septic tanks are proposed.
. Eagle City Code Section 9-3-2 Streets and Alleys:
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet
(750') in length and shall terminate with an adequate circular turnaround having a
minimum radius of fifty feet (50') of right of way including a landscape island with a
minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be
provided between the landscape island and the outside edge of the street as measured
from the face of curb of the island to the face of curb located on the outside edge of
the street. One traffic control sign stating that on street parking is prohibited within the
turnaround shall be installed at the entrance of the turnaround on the driver's side of
the street. The following exceptions may be considered by the council:
3. In zoning districts which prohibit densities greater than one dwelling unit per five
(5) acres, cul-de-sac streets up to a maximum of two thousand eight hundred feet
(2,800') in length may be permitted by the city if approved by the fire department
and the highway district having jurisdiction. No more than twenty (20) dwelling
units shall be permitted on said cul-de-sac.
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. Eagle City Code Section 9-3-2-5 Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to no more than ten percent (10%) of
the lots within a planned unit development provided the council determines that the
private streets are in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings
such that private streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular
and pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency
vehicles.
4. The private streets do not adversely affect access or good transportation planning
to adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel
layout.
6. Other than to provide emergency access, the private streets do not connect one
public street to another, thereby encouraging travel through the development
served by the private street.
7. The use or alignment of the private streets does not interfere with the continuity of
public streets.
8. An appropriate mechanism has been established for the repair and maintenance of
the private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County Highway
District's structural standards for streets including base course and asphaltic
concrete mat thickness utilizing the appropriate traffic index or as may be
recommended by the city engineer and approved by the city council, and shall
further be in accordance with Ada County highway district's intersection design
and drainage requirements, or as may be recommended by the city engineer and
approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such
design and dimensional requirements as the council may determine are
appropriate considering the proposed use and the site upon which the private
streets are to be placed, however, all private streets shall contain paved travel
lanes a minimum of twelve feet (12') in width (except as noted herein) and shall
otherwise provide for the safe, convenient, and effective movement of both
vehicular and pedestrian traffic. Vertical curbing shall be provided for streets that
are less than thirty four feet (34') in total width.
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3. Sidewalks shall be required in accordance with subsection 9-4-1-6 (F) of this title.
4. The design engineer shall identifY on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including,
but not limited to, designated parking and "no parking" areas, speed, stop, and
such other signs as are required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and
tested, at the expense of the owner or developer, by a qualified inspector in order
to ensure compliance with the construction and design standards set forth in this
section, the construction drawings as prepared by the registered professional
engineer, and good engineering and construction practices. Reports of such
inspections and tests shall be submitted, together with a certification of such
compliance, for the review and approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public
right of way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-
1 G of this chapter and subject to the approval of the Eagle fire district and
city engineer and provided further that proper maintenance of the island is
provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the
Eagle fire district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer, and city council.
7. The design of all private streets and related storm drainage facilities shall be
prepared by a licensed professional engineer in the state in substantial
conformance with engineering and design standards in effect at the time of
preparation of the design. Construction drawings, together with a certification of
such conformity, shall be submitted for the review and approval by the city
engineer. No part of this section shall be construed as allowing a private street that
is not in conformance with current engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more
restrictive standard shall prevail, unless specifically determined otherwise by the
city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost
estimate therefor prepared by a licensed professional engineer in the state,
together with a proposed method for funding the same, including, but not limited
to, the creation and maintenance of a reserve fund for that purpose, shall be
submitted with the final plat application for review and approval by the city
engineer and city council.
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2. The location of the private street shall be clearly depicted on the face of the plat
and notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the
private street the perpetual right of ingress and egress over the described
private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street
cannot be modified and the homeowners'/property owners' association or other
entity cannot be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be
recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private street in accordance with
the approved plan as provided for in subsection Cl of this section. Said restrictive
covenant shall also provide that the said covenant shall run with the land and that
the said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the
city. The said restrictive covenant shall be reviewed and approved by the city
attorney prior to certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or
the entity responsible for the maintenance of any private street approved in
accordance with the provisions of this section to undertake such repair and
maintenance activities as it may determine is necessary to protect the public
health, safety, or welfare and make such expenditures from the funds reserved
therefor as may be required thereby; and the owner or responsible entity shall, as a
condition of approval of any such private street, be deemed to have agreed to
comply with any such order and to reimburse the city all of its costs, including
attorney fees, incurred in obtaining or enforcing any such order. Any order entered
by the council pursuant to this subsection may be enforced by a court of
competent jurisdiction and the city shall be entitled to recover its costs and
attorney fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform
to all applicable components of the comprehensive plan.
. Eagle City Code Section 9-3-6 Easements:
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 9-4-1-5 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
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.
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. Eagle City Code Section 9-4-1-6 PedestrianlBicycle Pathway and Sidewalk Regulations:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the
street; except, that where the average width of lots, as measured at the street
frontage line or at the building setback line, is over one hundred feet (100'),
sidewalks on only one side ofthe street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with
the standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of
curb by a minimum eight foot (8') wide landscape strip. The landscape strip shall
be completed with sod, automatic irrigation, and planted with three inch (3 ")
minimum caliper shade class trees along all streets within the subdivision.
Installation of landscaping shall be in accordance with section 8- 2A - 7 of this
code. The area within the eight foot (8') wide landscape strip may be counted
toward the minimum required common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line.
Minor variations to the location of a tree may be considered by the design review
board during the review of the subdivision landscape plan.
5. If sidewalk is required on one side of each street only (as provided for in
subsection Fl of this section), then the trees on the side of the street with no
sidewalk shall be placed within five feet (5') of the edge of roadway.
6. In zoning districts which prohibit densities greater than one dwelling unit per two
(2) acres and at the council's discretion, a four foot (4') wide striped path (with
pedestrian designation markings such as diamonds or pedestrian/bicycle symbols)
on both edges of all internal roadways may be permitted in lieu of constructing
sidewalks. Trees shall be placed within five feet (5') of the edge of roadway.
. Eagle City Code Section 9-4-1-8 Underground Utilities:
Underground utilities are required.
. Eagle City Code Section 9-4-1-9 Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
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):
a. Where a sufficient surface irrigation water right does not exist for the property. The
lack of surface irrigation water right shall be documented in writing by the appropriate
irrigation district or canal company and the department of water resources and shall be
submitted with the subdivision preliminary plat. In this case a waiver shall only be
granted for that portion of the subdivision that cannot be served.
. 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.
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. Eagle City Code Section 9-5-3 Hillside Subdivisions:
9-5-3-2: Development Evaluation:
A. All development proposals shall take into account and shall be judged by the way in
which land use planning, soil mechanics, engineering geology, hydrology, civil
engineering, environmental and civil design, and architectural and landscape design
are applied in hillside areas, including, but not limited to:
1. Planning on development to fit the topography, soils, geology, hydrology and
other conditions existing on the proposed site;
2. Orientation of development on the site so that grading and other site preparation is
kept to an absolute minimum;
3. Shaping of essential grading to blend with natural landforms and to minimize the
necessity of padding and/or terracing of building sites;
4. Division of large tracts into smaller workable units on which construction can be
completed within one construction season so that large areas are not left bare and
exposed during the winter-spring runoff period;
5. Completion of paving as rapidly as possible after grading;
6. Allocation of areas not well suited for development because of soil, geology or
hydrology limitations for open space and recreation uses;
7. Minimizing and disruption of existing plant and animal life; and
8. Consideration of the view from and of the hills.
B. Areas having soil, geology or hydrology hazards shall not be developed unless it is
shown that:
1. Their limitations can be overcome;
2. Hazard to life or property will not exist;
3. The safety, use or stability of a public way or drainage channel is not jeopardized;
and
4. The natural environment is not subjected to undue impact.
9-5-3-3: Engineering Plans:
The developer shall retain a professional engineer(s) to obtain the following information:
A. Soils Report: For any proposed hillside development, a soils engineering report shall
be submitted with the preliminary plat. This report shall include data regarding the
nature, distribution and strength of existing soils, conclusions and recommendations
for grading procedures, design criteria for corrective measures and opinions and
recommendations covering the adequacy of sites to be developed.
B. Geology Report: For any proposed hillside development, a geology report shall be
submitted with the preliminary plat. This report shall include an adequate description
of site geology and an evaluation of the relationship between the proposed
development and the underlying geology and recommendations for remedial remedies.
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The investigation and subsequent report shall be completed by a professional geologist
registered in the state ofIdaho.
C. Hydrology Report: For any proposed hillside development, a hydrology report shall be
submitted with the preliminary plat. This report shall include an adequate description
of the hydrology, conclusions and recommendations regarding the effect of hydrologic
conditions on the proposed development, and opinions and recommendations covering
the adequacy of sites to be developed.
9-5-3-4: Grading Plans:
A. Preliminary Grading Plan: A preliminary grading plan shall be submitted with each
hillside preliminary plat proposal and shall include the following information:
1. Approximate limiting dimensions, evaluations or finish contours to be achieved by
the grading, including all cut and fill slopes, proposed drainage channels and
related construction;
2. Preliminary plans and approximate locations of all surface and subsurface
drainage devices, walls, dams, sediment basins, storage reservoirs and other
protective devices to be constructed; and
3. A description of methods to be employed in disposing of soil and other material
that is removed from the grading site, including the location ofthe disposal site.
B. Final Grading Plan: A final grading plan shall be submitted with each final plat and
shall include the following information:
1. Limiting dimensions, evaluations or finish contours to be achieved by the grading,
including all proposed cut and fill slopes and proposed drainage channels and
related construction;
2. Detailed plans and locations of all surface and subsurface drainage devices, walls,
dams, sediment basins, storage reservoirs and other protective devices to be
constructed; and
3. A schedule showing when each stage of the project will be completed, including
the total area of soil surface which is to be disturbed during each stage together
with estimated starting and completion dates. In no event shall the existing natural
vegetative ground cover be destroyed, removed or disturbed more than fifteen (15)
days prior to grading.
9-5-3-5: Development Standards:
A. Soils:
1. Fill areas shall be prepared by removing organic material such as vegetation and
rubbish, and any other material which is determined by the soils engineer to be
detrimental to proper compaction or otherwise not conducive to stability. No rock
or similar irreducible material with a maximum dimension greater than eight
inches (8") shall be used as fill material in fills that are intended to provide
structural strength.
2. Fills shall be compacted to at least ninety five percent (95%) of maximum density,
as determined by AASHTO T99 and ASTM D698.
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3. Cut slopes shall be no steeper than two (2) horizontal to one vertical. Subsurface
drainage shall be provided as necessary for stability.
4. Fill slopes shall be no steeper than two (2) horizontal to one vertical and shall not
be located on natural slopes two to one (2:1) or steeper, or where fill slopes toes
out within twelve feet (12') horizontally of the top of an existing or planned cut
slope.
5. Tops and toes of cut and fill slopes shall be set back from property boundaries a
distance of three feet (3') plus one-fifth e/5) of the height of the cut or fill but need
not exceed a horizontal distance of ten feet (10'). Tops and toes of cut and fill
slopes shall be set back from structures a distance of six feet (6') plus one-fifth
(1/5) the height of the cut or fill, but need not exceed ten feet (10').
6. The maximum horizontal distance of disturbed soil surfaces shall not exceed
seventy five feet (75').
B. Roadways:
1. Road alignments should follow natural terrain and no unnecessary cuts or fills
shall be allowed in order to create additional lots or building sites.
2. One-way streets shall be permitted and encouraged where appropriate for the
terrain and where public safety would not be jeopardized. Maximum width shall
be seventeen feet (11') between the backs and curbs.
3. The width of the graded section shall extend three feet (3 ') beyond the curb back
or edge of pavement on both the cut and fill sides of the roadway. If sidewalk is to
be installed parallel to the roadway, the graded section shall be increased by the
width of the sidewalk plus one foot (1') beyond the curb back.
4. Standard six inch (6") vertical curb and gutter shall be installed along both sides of
all paved roadways.
C. Driveways And Parkings: Combinations of collective private driveways, cluster
parking areas and on street parallel parking bays shall be used to attempt to optimize
the objectives of minimum soil disturbance, minimum impervious cover, excellence of
design and aesthetic sensitivity.
9-5-3-6: Vegetation and Revegetation:
A. The developer shall submit a slope stabilization and revegetation plan which shall
include a complete description ofthe existing vegetation, the vegetation to be removed
and the method of disposal, the vegetation to be planted and slope stabilization
measures to be installed. The plan shall include an analysis ofthe environmental
effects of such operations, including the effects on slope stability, soil erosion, water
quality and fish and wildlife.
B. Vegetation sufficient to stabilize the soil shall be established on all disturbed areas as
each stage of grading is completed. Areas not contained within lot boundaries shall be
protected with perennial vegetal cover after all construction is completed. Efforts shall
be made to plant those species that tend to recover from fire damage and do not
contribute to a rapid rate of fire spread.
C. The developer shall be fully responsible for any destruction of native vegetation
proposed for retention. He shall carry the responsibility both for his own employees
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and for all subcontractors from the first day of construction until the notice of
completion is filed. The developer shall be responsible for replacing such destroyed
vegetation.
9-5-3-8: Underground Utilities:
All new service utilities shall be placed underground.
. Eagle City Code 9-6-3 Variances:
A. Purpose: The commission may recommend to the city council a variance from the
provisions of this title on a finding that undue hardship results from the strict
compliance with specific provisions or requirements hereof or that application of such
provisions or requirements is impracticable.
B. Standards For Variances: No variance shall be favorably acted upon by the city
council unless there is a finding, upon recommendation by the commission, as a result
of a public hearing, that all ofthe following exist:
1. There are such special circumstances or conditions affecting the property that the
strict application of the provisions of this title would clearly be impracticable or
unreasonable. In such cases, the subdivider shall first state his reasons in writing
as to the specific provision or requirement involved.
2. Strict compliance with the requirements of this title would result in extraordinary
hardship to the subdivider because of unusual topography, other physical
conditions or other such conditions which are not self-inflicted, or that these
conditions would result in inhibiting the achievement of the objectives of this title.
3. The granting of the specified variance will not be detrimental to the public welfare
or injurious to other property in the area in which the property is situated.
4. Such variance will not violate the provisions of the Idaho Code.
5. Such variance will not have the effect of nullifYing the interest and purpose of this
title and the comprehensive plan.
. Eagle City Code Section 9-5-8 Subdivision Within an Area of Critical Concern:
B. Environmental Assessment Plan: The developer shall prepare and submit an
environmental assessment along with the preliminary plat application for any
development that is proposed within an area of critical concern.
The contents of the environmental assessment shall be prepared by an interdisciplinary
team of professionals that shall provide answers to the following questions:
1. What changes will occur to the area of environmental concern as a result of the
proposed development?
2. What corrective action or alternative development plans could occur so as not to
significantly change the area of environmental concern?
3. What changes in the area of environmental concern are unavoidable?
4. What beneficial or detrimental effect would the development have on the
environment including, but not limited to, animal life, plant life, social concerns,
economic, noise, visual, available farmland and other?
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C. Areas Of Critical Concern: The following areas are specifically identified as areas of
critical concern:
3. North Foothills: The North Foothills area is designated as an area of critical
concern due to the topographic, ecological and scenic significance. This area
comprises all of the city of Eagle impact area north of Beacon Light Road as
depicted on the land use designation map of the comprehensive plan adopted by
the city of Eagle on May 13, 1993.
D. DISCUSSION:
· The Comprehensive Plan Land Use Map designates this site as Transitional Residential. The
property is currently located within the A-R-DA (Agricultural-Residential- up to one (1) unit
per five (5) acres with a development agreement) zoning district. The applicant proposes to
subdivide the 24.22-acre site into five (5) lots (4 buildable, 1 private street). The proposed
subdivision will have residential lot sizes ranging from 5.04-acres to 6.31-acres in size and
will comply with the 4.7-acre minimum lot size requirements for the A-R zone. The
subdivision design complies with the technical requirements (or will pursuant to the conditions
outlined herein) of Eagle City Code. The maximum overall density of the project will not
exceed . 17-units per acre.
. The applicant has requested the subdivision to be considered as a combined preliminary plat
and final plat. Pursuant to Eagle City Code, a subdivision may be considered a combined
preliminary plat and final plat if the subdivision meets the following criteria:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like.
4. All required information for both preliminary and final plat is complete and In an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision ofthe Zoning Title of the City.
Although the applicant is not proposing any new street dedication or street widening it should
be noted that the applicant is proposing a private street (located within a common lot) to serve
the four (4) proposed residential lots. While private streets do not require new street dedication
to the public, the intent of allowing a combined preliminary plat and final plat is for those
situations when a proposed subdivision has frontage to an existing road and no construction of
major improvements (streets) is required. Also since the applicant is requesting a private
street, there is additional information which is required, such as construction plans (at the time
of submittal of a final plat) and an operation and maintenance manual to ensure the private
street is maintained in perpetuity.
The proposed subdivision is not in conflict with either the Comprehensive Plan or any
provision of the Zoning Title, however, the applicant is requesting a variance from Eagle City
Code Title 9, to allow for a private street that is not contained within a planned unit
development. Pursuant to Eagle City Code, private streets are only permitted at the Council's
discretion for ten percent (10%) of lots within a planned unit development.
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The proposed subdivision also contains slopes which exceed twenty seven percent (27%) so
the proposed subdivision would be considered a hillside development pursuant to Eagle City
Code.
Since the proposed subdivision does not meet all the criteria of a combined preliminary
plat/final plat the aforementioned items will need to be addressed. Staff will recommend that
the proposed subdivision be only approved as a preliminary plat at this time.
· The proposed M3/Hanson Subdivision is located north of Beacon Light Road. This area is
identified in Eagle City Code Title 9 as being located within the North Foothills area which is
designated as an area of critical concern due to the topographic, ecological and scenic
significance. The applicant provided an environmental assessment plan from Bob J. Arnold,
P.E., date stamped by the City on October 5, 2010, which indicated there are no sensitive
plants, habitat, and no distinguishing topographical or scenic features located on-site. The
environmental assessment plan also stated that based on an inspection of the subject property,
the proposed construction on this and other properties in the vicinity, and the research
documented herein, this development will have little to no effect on the environment.
. The applicant provided a revised narrative, date stamped by the City on October 6, 2010,
which, in part, requested a waiver of the design standards for the private street. The narrative
indicated that the applicant is proposing to construct the private street with a barrow ditch for
drainage without curb, gutter, and sidewalk. This request is contrary to the construction and
design standards for private streets pursuant to Eagle City Code. The applicant has requested a
waiver of the curb, gutter, and sidewalk required pursuant to Eagle City Code based on the
ACHD's requirements for "Rural developments of lot sizes of 5-acres or greater per dwelling"
as referenced in the ACHD Policy Manual Section 7204.4.2 "Standard Widths of New
Streets" does not require those improvements. The ACHD Policy Manual Section 7204.4.7
"Sidewalks" requires that in rural developments with net densities of one (1) dwelling unit per
one (1) acre or less a sidewalk should be constructed along one side of the street.
The preliminary plat shows a private street (shown as Private Road' A') connecting to Hartley
Road to the east and providing access to the proposed four (4) residential lots located within
the subdivision. The private street is proposed to be contained within a common lot which is
fifty feet (50') in width and approximately one thousand feet (1000') in length terminating in a
cul-de-sac with a forty-five foot (45') wide radius. The proposed cul-de-sac does not contain a
landscape island. The preliminary plat shows a fifty foot (50') wide typical street section with
a twenty foot (20') wide paved travel area (consisting of two (2) twelve foot (12') wide travel
lanes), three foot (3') wide gravel shoulders (located adjacent to the paved areas on each side
of the road), a ten foot (10') wide drainage swale on one (1) side of the proposed road and an
undeveloped area ten feet (10') in width located on the opposite side of the road as the
drainage swale. The typical street section does not show curbing located on either side of the
proposed roadway. Pursuant to Eagle City Code, streets within a hillside development are
required to have standard six inch (6") vertical curbing and gutter installed along both sides of
all paved roadways. Pursuant to Eagle City Code, private streets and streets within a hillside
development are to meet the following requirements: 1) the private street shall be constructed
in accordance with Ada County Highway District's structural standards for streets including
base course and asphaltic concrete mat thickness and drainage requirements, 2) the two (2)
travel lanes shall be a minimum of twelve feet (12') in width, 3) vertical curbing shall be
provided on each side of the proposed roadway, 4) in the event a separated sidewalk is not
constructed a four foot (4') wide striped path (with pedestrian designation markings such as
diamonds or pedestrian/bicycle symbols) on both edges of all internal roadways may be
permitted in lieu of constructing sidewalks, and 5) construct a cul-de-sac designed in
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accordance with the provIsIOns of subsection 9-3-2-1 (G) (circular turnaround having a
minimum radius of fifty feet [50'] of right of way including a landscape island with a
minimum radius of ten feet [10']). The applicant should provide construction drawings
prepared by a licensed professional engineer showing the following criteria: 1) the private
street shall be constructed in accordance with Ada County Highway District's structural
standards for streets including base course and asphaltic concrete mat thickness and drainage
requirements, 2) the two (2) travel lanes shall be a minimum of twelve feet (12') in width, 3)
vertical curbing shall be provided on each side of the proposed roadway, 4) in the event a
separated sidewalk is not constructed a four foot (4') wide striped path (with pedestrian
designation markings such as diamonds or pedestrian/bicycle symbols) on both edges of all
internal roadways may be permitted in lieu of constructing sidewalks, and 5) construct a cul-
de-sac designed in accordance with the provisions of subsection 9-3-2-1 (G) (circular
turnaround having a minimum radius of fifty feet [50'] of right of way including a landscape
island with a minimum radius often feet [10']). The construction drawings should be provided
at the time of submittal of a final plat application.
. The city has not received a private street maintenance plan and schedule. Pursuant to Eagle
City Code, the applicant is required to provide a plan and schedule for the future repair and
maintenance of the private street and associated drainage facilities. The applicant should
provide a private street maintenance plan and schedule with the submittal of a final plat
application. Staff and the City Engineer should review and approve the private street
maintenance plan and schedule prior to the City Engineer signing the final plat.
Pursuant to Eagle City Code, a restrictive covenant for the repair and maintenance of the
private street should be recorded at the time of plat recordation. The restrictive covenant
should create a homeowners/property owners association or similar entity and make provision
for the perpetual maintenance of the private street in accordance with Eagle City Code Section
9-3-2-5 (C)(1). The restrictive covenant should run with the land and the covenant cannot be
modified and the homeowners/property owners association cannot be dissolved without the
express consent of the city. The applicant should provide CC&R's creating a homeowners'
association and containing a covenant regarding the repair and maintenance of the private
street pursuant to Eagle City Code Section 9-3-2-5 (C)(3). The CC&R's should be reviewed
and approved by the city attorney prior to the City Engineer signing the final plat.
. Plat note #6 of the preliminary plat describes that the roadway drainage will be contained on
site using sand lined borrow ditches. To date, it has not been determined whether or not the
proposed barrow ditches will be the only facilities for handling drainage for the private street.
The applicant should provide a revised preliminary plat with the portion of plat note #6
regarding roadway drainage to read as follows:
"The private street drainage will be contained on site"
The revised preliminary plat should be provided prior to submittal of a final plat application.
. Central District Health Department (CDHD) provided correspondence date stamped by the
City on September 8, 2010, which indicated that they will need additional information
regarding the proposed development before they can provide comment. The correspondence
also indicated that CDHD has not received any applications for the proposed development.
The applicant should provide a copy of the CDHD subdivision application and engineering
report at the time of submittal of a final plat application.
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· The preliminary plat legend shows a symbol for a proposed streetlight. However, the map
portion of the preliminary plat does not show any proposed streetlights. Pursuant to Eagle City
Code, "all subdividers within the city limits are required to install streetlights in accordance
with city specifications and standards at locations designated by the 'administrator"'. The
applicant should provide a revised preliminary plat showing streetlights located at the
following locations: I) intersection of Hartley Road and Private Road "A", 2) located at the
curve of the private road (approximately 550' west of the intersection) and 3) located at the
terminus of the cul-de-sac. The revised preliminary plat should be submitted prior to the
submittal of a final plat application.
. The preliminary plat shows a Chevron pipeline easement located on the southern half of Lot 3,
Block 1. Although the plat map shows the location of the pipeline easement the applicant
should provide a plat note with a pertinent note referencing the pipeline easement. The
applicant should provide a revised preliminary plat with a plat note regarding the Chevron
pipeline to read as follows:
"An easement 16.5-feet in width for pipeline right-ol-way for the transportation of liquid
petroleum products has been granted through Instrument No. 292505, recorded October
17, 1949 in Book 21 of misc. records at Page 628, and through Instrument No. 292503,
recorded October 17, 1949, in Book 21 of misc. records at Page 625 asfiledfor record in
the office of the Ada County recorder, Idaho. Call Chevron Pipe Line Company, Boise
area office, prior to any construction activity in the vicinity of the pipeline. Centered over
the base line as shown. "
The revised preliminary plat should be provided prior to submittal of a final plat application.
. Pursuant to Eagle City Code, "all residential dwelling units shall be provided with a
pressurized irrigation system to be served with irrigation water unless a waiver is approved by
the City Council." One of the provisions for obtaining a waiver of providing pressurized
irrigation to a development is for those cases that a sufficient water right does not exist for the
property. The applicant is required to provide documentation (regarding the status of a water
right) from the appropriate irrigation district or canal company and the department of water
resources. The documentation is required to be submitted with the subdivision preliminary
plat. The applicant has provided documentation from the Farmer's Union Ditch Company,
Ltd, which indicates that the subject property is not located within the Farmer's Union Ditch
Company's service area and no surface water rights are available to the proposed subdivision.
The city has not received any documentation form the Idaho Department of Water Resources
indicating whether or not a water right exists for irrigation of the subject property. The
applicant should provide documentation from the Idaho Department of Water Resources
indicating the status of available water rights to utilize for irrigation of the subject property
prior to submittal of a final plat application.
. The existing power utilities to the site are located overhead. Pursuant to Eagle City Code,
underground utilities are required. The applicant should be required to place all utilities
located within the boundaries of the subdivision underground prior to the City Clerk signing
the final plat.
. The applicant is requesting a variance to allow for the construction of a private street within
the proposed subdivision. Pursuant to Eagle City Code Section 9-3-2-5, private streets may be
permitted at the discretion of the Council provided the private street provides access to no
more that ten percent (10%) of the lots within a planned unit development. The proposed five
(5) lot (4-buildable, I-private street) subdivision is not a part of a planned unit development.
The applicant is requesting a variance based on the property being bordered on the north and
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west boundaries by Bureau of Land Management (BLM) property and on the southern
boundary by the Farmers Union Canal. The northern portion of the site also contains slopes
greater than twenty-seven percent (27%) grade. Due to the property being bordered by public
land, irrigation canal, and containing steep grades located on the northern portion of the site,
the applicant indicated within the provided narrative that strict application to the provisions of
Eagle City Code is impracticable and unreasonable. Ada County Highway District provided
correspondence that indicated that when considering locations for public streets proposed
roadways need to serve a public benefit, which, in this case, would require the proposed
roadway to be extended as a stub street to adjacent parcels. The proposed subdivision is bound
by BLM land to the north and west, the Farmers Union Canal to the south, and the
topographic constraints making it difficult to extend the proposed roadway in the future, the
Ada County Highway District recommended that the City of Eagle grant the variance to allow
for a private street since there is no public benefit for a public street at this location. The
applicant should comply with all requirements of Eagle City Code Section 9-3-2-5 (B-D)
Private Streets and Eagle City Code Section 9-5-3-5 (B) Roadways.
. Ada County Highway District provided correspondence indicating that direct lot access to N.
Hartley Road would be prohibited. The preliminary plat provided by the applicant does not
contain a plat note indicating that direct lot access to N. Hartley Road is prohibited. The
applicant should provide a revised preliminary plat indicating that direct lot access to N.
Hartley Road is prohibited. The revised preliminary plat should be provided prior to submittal
of a final plat application.
. The private street is proposed to access the west side of Hartley Road approximately sixty feet
(60') north of the Farmers Union Canal. Pursuant to Eagle City Code, private streets may
provide access to no more than ten percent (10%) of the lots within a planned unit
development provided the council determines that the private streets are in compliance with
specific standards as defined in Section 9-3-2-5 (A) (1-8).
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private
streets will serve to enhance the overall development.
This property is located adjacent to Bureau of Land Management (BLM) property on the
north and the west and is bordered on the south by the Farmers Union Canal. The
northern portion of the site also contains slopes exceeding twenty seven percent (27%).
The proposedprivate street will serve a total offour (4) residential lots.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking.
Pursuant to Eagle City Code the applicant will be required to construct the private street
to ACHD structural standards. The proposed lots are a minimum offive (5) acres in size
so all parking can be contained within the individual lots. Also pursuant to Eagle City
Code the applicant is required to provide pedestrian facilities which will be addressed as
part of the platting process.
3. The private streets shall provide adequate access for service and emergency vehicles.
The applicant will be required to address all Eagle Fire Department concerns regarding
access for emergency vehicles which is more stringent than access requirements for
service vehicles.
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4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
Due to the BLM property located adjacent to the northern and western boundaries and
the Farmers Union Canal adjacent to the southern boundary and the property being
fronted by Hartley Road the use of a private road on this development will not affect the
travel network in this area.
5. The private streets do not landlock adjacent property due to topography or parcel layout.
The proposed private street does not landlock adjacent property since Hartley Road
provides access to all properties adjacent to this site.
6. Other than to provide emergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the
private street.
The proposed private streets only connection is to Hartley Road (public road) and the
proposed private street would terminate within the proposed development.
7. The use or alignment of the private streets does not interfere with the continuity of public
streets.
The proposed private streets will not interfere with the continuity of public streets since
there is only one public street (Hartley Road) in the area at this time.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
The applicant will be required to provide a provision and a supplemental manual within
the CC&R's for the maintenance and operation of the private roads in perpetuity. That
provision will not be allowed to be modified without the express written consent of the
City.
STAFF RECOMMENDED FINDINGS PROVIDED WITHIN THE STAFF REPORT:
. Variance: With regard to Eagle City Code 9-6-3 (B) (required findings for approval of a
variance of a subdivision requirement), and based upon the information provided to staff to
date, staff believes that the proposed variance is in accordance with the City of Eagle Code
because:
1. There are such special circumstances or conditions affecting the property that the strict
application of the provisions of this title would clearly be impracticable or unreasonable.
In such cases, the subdivider shall first state his reasons in writing as to the specific
provision or requirement involved.
There are special circumstances or conditions affecting the property that the strict
application of the provisions of this title regarding the construction of a public road
would clearly be impracticable or unreasonable since the Farmers Union Canal is
located to the south, the site contains steep grades exceeding twenty seven percent (27%)
and the adjacent parcels gain access from Hartley Road.
2. Strict compliance with the requirements of this title would result in extraordinary hardship
to the subdivider because of unusual topography, other physical conditions or other such
conditions which are not self-inflicted, or that these conditions would result in inhibiting
the achievement of the objectives of this title.
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In correspondence provided by the Ada County Highway District it is indicated that when
the district considers locations for public streets the proposed roadways need to serve a
public benefit. Due to the property being located adjacent to Bureau of Land
Management (BLM) property on the north and the west, the Farmers Union Canal to the
south, and the northern portion of the site also containing slopes exceeding twenty seven
percent (27%) it would be cost prohibitive to extend a public road in the future, therefore
no public benefit will be provided by the construction of a public street.
3. The granting of the specified variance will not be detrimental to the public welfare or
injurious to other property in the area in which the property is situated.
The granting of this variance will not be detrimental to the public welfare since Hartley
Road currently provides access to all the adjacent properties.
4. Such variance will not violate the provisions of the Idaho Code.
There are no provisions of Idaho Code that would be violated should this variance
application be approved.
5. Such variance will not have the effect of nullifYing the interest and purpose of this title and
the comprehensive plan.
Approval of a variance will not have effect of nullifYing the interest and purpose of Title 9
Subdivisions and the Comprehensive Plan since sufficient information has been provided
to show that the construction of a public road to provide connectivity to the adjacent
parcels would create an undue hardship and would be impracticable and unreasonable.
. Preliminary Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the
Commission and Council", and based upon the information provided to staffto date, staff
believes that the proposed preliminary plat/final 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 served
by individual wells, and sewer by the utilization of septic systems; 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 Central
District Health Department and Ada County Highway 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.
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Staff has reviewed the particular facts and circumstances of this proposed combined
preliminary and final plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5"
(minimum criteria to combine a preliminary and final plat), has made the following
conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (l0) lots;
The proposed subdivision consists offive (5) lots (4-residential, i-private street).
2. No new street dedication or street widening is involved;
The applicant is proposing to construct a private street to provide access to the
residential lots contained within the proposed subdivision. Since the applicant is
proposing a private street the applicant will be required to address the operation,
maintenance and drainage issues associated with the proposed private street.
Pursuant to Eagle City Code, private streets are required to be constructed in
accordance with ACHD street standards. The applicant is not proposing to widen
Hartley Road (public) adjacent to the proposed subdivision nor has ACHD
required Hartley Road to be widened at this time. Although no new street
dedication (public) or street widening is being proposed a private street has to be
constructed to required standards. The intent of a combined preliminary and final
plat is for those instances when the proposed lots have frontage to a public road
and no major road improvements are required. Since the applicant is proposing
to construct a private street to serve the residential lots within the proposed
subdivision the application is not in accordance with the requirements of
combining a preliminary platljinal plat in regard to street dedication or street
widening.
3. No major special development considerations are involved such as development
in a floodplain, hillside development or the like.
The proposed subdivision is not located within an Area of Special Flood Hazard
(ASFH) however the site is located in an area of critical concern as designated
pursuant to Eagle City Code Title 9. The application is not in accordance with
the requirements of combining a preliminaryljinal plat since the site contains
slopes which are greater than twenty-seven percent (27%) and the applicant will
be required to address the hillside development issues and associated
environmental impacts.
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
The applicant has not provided an Operation and Maintenance Manual for the
private street and the applicant will be required to provide construction plans for
the construction of the private street.
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
The Comprehensive Plan Land Use Map shows this area as designated
Transitional Residential and located within the Village Planning Area. The
proposed subdivision will provide a transition between the proposed higher
density development to the south and the larger lots and public property to the
north. The property has an A-R-DA (Agricultural-Residential- up to one (1) unit
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per five (5) acres with a development agreement) zoning designation. The
minimum lot size within the proposed subdivision is 5.05-acres.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff does not recommend approval of a
combined preliminary plat/final plat. Staff does recommend approval of a preliminary plat with the
conditions as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application came before the Eagle Planning and Zoning Commission for their
consideration on October 4,2010. The Commission continued the item to October 18, 2010, at which
time public testimony was taken, the public hearing was closed and 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 two
(2) individuals (not including the applicant/representative) who indicated they support the proposed
subdivision since it complies with the Comprehensive Plan and transitions well with the surrounding
properties. The individuals also supported the applicant's request of waivers of constructing curb,
gutter, sidewalk adjacent to the private street and placing streetlights within the subdivision.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
. The proposed variance was appropriate based on the information provided by the Ada
County Highway District and the staff recommended findings.
. The proposed subdivision does not meet the requirements of a combined preliminary
plat/final plat however, based on the staff recommendation and the recommended
conditions of approval the proposed subdivision may be approved as a preliminary plat at
this time.
. The applicant's request to waive the curb, gutter, and sidewalk construction and design
requirements for a private street are appropriate since the proposed subdivision is a rural
development and the Ada County Highway District design policy for a rural street section
does not require the aforementioned improvements.
. The proposed hillside development contains a natural drainage and the Commission
recognizes the fact that pre-development drainage historically has not been contained on
site. The applicant should provide a drainage plan associated with development
improvements on the site (including but not limited to the private street, driveways, and
building pad sites) to ensure that the drainage associated with those improvements is
contained on site. The drainage plan should be reviewed and approved by the City
Engineer prior to the construction of improvements.
The applicant's request to waive the streetlight requirement is appropriate since the proposed
development is in a rural section of the city where there are no streetlights located in proximity to
the site. Also, based on public testimony the surrounding neighbors do not support the addition of
streetlights in the area.
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COMMISSION DECISION REGARDING THE VARIANCE:
The Commission voted 5 to 0 to recommend approval of the variance for a private street for
M3/Hanson Subdivision as provided within their findings of fact and conclusions of law
document, dated September 14, 2010.
COMMISSIONS DECISION REGARDING THE COMBINED PRELIMINARY PLATIFINAL
PLAT:
The Comm ission indicated that the proposed subdivision does not meet the requirements of
combining a preliminary plat/final plat. The Commission voted 5 to 0 to recommend approval of
the preliminary plat only (PP-O 1-10) for M3/Hanson Subdivision with the site specific conditions
of approval and standard conditions of approval provided within their findings of fact and
conclusions of law document, dated September 14, 2010.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 23,2010, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
COUNCIL DECISION:
The Council indicated that the proposed subdivision does not meet the requirements of combining
a preliminary plat/final plat. The Council voted 4 to 0 to approve the preliminary plat (PP-OI-IO)
for M3/Hanson Subdivision for M3 Companies, LLC, with the following Planning and Zoning
Commission recommended site specific conditions of approval and standard conditions of
approval with underline text to be added by the Council and strike through text to be deleted by
the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-09-09.
2. Comply with all requirements ofthe 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. (ECC 1-7-4)
4. The applicant shall provide a copy of the Central District Health Department subdivision
application and engineering report at the time of submitting a final plat application. (ECC 9-2-3
[C] [3] [I])
5. The applicant shall provide construction drawings prepared by a licensed professional engineer
showing the following criteria: 1) the private street shall be constructed in accordance with Ada
County Highway District's structural standards for streets including base course and asphaltic
concrete mat thickness and drainage requirements, 2) the two (2) travel lanes shall be a minimum
of twelve feet (12') in width, and 3) construct a cul-de-sac designed in accordance with the
provisions of Eagle City Code subsection 9-3-2-1(G) (circular turnaround having a minimum
radius of fifty feet [50']. The construction drawings shall be provided at the time of submittal of a
final plat application. (ECC 9-3-2-5 [B])
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6. The applicant shall provide a private street maintenance plan and schedule with the submittal of a
final plat. The private street and maintenance plan shall be reviewed and approved by staff and the
City Engineer prior to the City Engineer signing the final plat. (ECC 9-3-2-5 [C] [1 D
7. The final plat shall include a plat note addressing the requirements of Eagle City Code subsection
9-3-2-5 (C) (2) regarding the private street.
8. The applicant shall provide CC&R's creating a homeowners' association or substantially similar
entity and containing a covenant or provision for rcgardiflg the repair and maintenance of the
private street pursuant to Eagle City Code Section 9-3-2-5 (C) (3). The CC&R's or repair and
maintenance agreement shall be reviewed and approved by the city attorney prior to the City
Engineer signing the final plat.
9. The applicant shall provide a revised preliminary plat indicating that direct lot access to N. Hartley
Road is prohibited. The revised preliminary plat shall be provided prior to the submittal of a final
plat application.
10. The applicant shall provide a revised preliminary plat with the portion of plat note #6 regarding
roadway drainage to read as follows:
"The private street drainage will be contained on site"
The revised preliminary plat shall be provided prior to the submittal of a final plat application.
1 I. The applicant shall provide a clearly visible and/or reflective monument (in lieu of a streetlight) to
be placed at the intersection of the private street and N. Hartley Road prior to the City Clerk
signing the final plat.
12. The applicant shall provide a revised preliminary plat with a plat note in regard to the Chevron
pipe line to read as follows:
"An easement 16.5-feet in width for pipeline right-ol-way for the transportation of liquid
petroleum products has been granted through Instrument No. 292505, recorded October 17,
1949 in Book 21 of misc. records at Page 628, and through Instrument No. 292503, recorded
October 17, 1949, in Book 21 of misc. records at Page 625 asfiledfor record in the office of
the Ada County recorder, Idaho. Call Chevron Pipe Line Company, Boise area office, prior to
any construction activity in the vicinity of the pipeline. Centered over the base line as shown. "
The revised preliminary plat shall be provided prior to the submittal of a final plat application.
13. Any overhead utilities serving the site shall be located underground. (ECC 9-4- 1 -8)
14. The applicant shall provide documentation from the Idaho Department of Water Resources
indicating the status of available water rights to utilize for irrigation of the subject property prior to
the submittal ofa final plat application. (ECC 9-4-1-9 [C] [2] [aD
15. The M3/Hanson Subdivision shall remain under the control of one Homeowners Association.
16. The applicant shall provide documentation from the Idaho Department of Water Resources
indicating no irrigation water right (surface or ground) exists for the property prior to receiving a
waiver of the requirement of providing a pressurized irrigation system for the subdivision.
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.
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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. 39-118).
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. 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.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal
used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district, canal company, ditch association, or other irrigation entity associated
with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written
approval from the irrigation entity prior to the City Clerk signing the final plat.
10. 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.
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11. 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.
12. 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, streetlights 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.
13. 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.
14. 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.
15. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
16. 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.
17. 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".
18. 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.
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19. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
20. 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.
21. 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.
22. Basements in homes in the flood plain are prohibited.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. The applicant shall submit cut sheets showing streetlighting 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.
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30. 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.
31. 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.
32. 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 on-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 6:00 PM, Wednesday, August 11,2010, at the M3 Eagle office
located at 533 E. Riverside Drive, Suite 110, in compliance with the application submittal requirement
of Eagle City Code. The application for this item was received by the City of Eagle on August 17,
2010.
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 August 30, 2010. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on August 30,2010. The site was posted in accordance
with the Eagle City Code September 22, 2010. Requests for agencies' reviews were transmitted on
August 20,2010, 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 November 8, 2010.
Notice of this public hearing was mailed to property owners within three hundred feet (300-feet) of the
subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
City Code on November 1, 2010. The site was posted in accordance with the Eagle City Code on
November 13,2010.
3. The Council reviewed the particular facts and circumstances of the proposed variance (V -01-10) in
terms of Eagle City Code Section 9-6-3 (B) (required findings for approval of a variance of a
subdivision requirement), has made the following conclusions:
1. There are such special circumstances or conditions affecting the property that the strict
application of the provisions of this title would clearly be impracticable or unreasonable. In
such cases, the subdivider shall first state his reasons in writing as to the specific provision or
requirement involved.
There are special circumstances or conditions affecting the property that the strict application
of the provisions of this title regarding the construction of a public road would clearly be
impracticable or unreasonable since the Farmers Union Canal is located to the south, the site
contains steep grades exceeding twenty seven percent (27%) and the adjacent parcels gain
access from Hartley Road.
2. Strict compliance with the requirements of this title would result in extraordinary hardship to
the subdivider because of unusual topography, other physical conditions or other such
conditions which are not self-inflicted, or that these conditions would result in inhibiting the
achievement of the objectives of this title.
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In correspondence provided by the Ada County Highway District it is indicated that when the
district considers locations for public streets the proposed roadways need to serve a public
benefit. Due to the property being located adjacent to Bureau of Land Management (BLM)
property on the north and the west, the Farmers Union Canal to the south, and the northern
portion of the site also containing slopes exceeding twenty seven percent (27%) it would be
cost prohibitive to extend a public road in the future, therefore no public benefit will be
provided by the construction of a public street.
3. The granting of the specified variance will not be detrimental to the public welfare or injurious
to other property in the area in which the property is situated.
The granting of this variance will not be detrimental to the public welfare since Hartley Road
currently provides access to all the adjacent properties.
4. Such variance will not violate the provisions of the Idaho Code.
There are no provisions of Idaho Code that would be violated should this variance
application be approved.
5. Such variance will not have the effect of nullifYing the interest and purpose of this title and the
comprehensive plan.
Approval of a variance will not have effect of nullifYing the interest and purpose of Title 9
Subdivisions and the Comprehensive Plan since sufficient information has been provided to
show that the construction of a public road to provide connectivity to the adjacent parcels
would create an undue hardship and would be impracticable and unreasonable.
4. The Council reviewed the particular facts and circumstances of this proposed combined preliminary and
final plat (PPIFP-OI-09) and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum
criteria to combine a preliminary and final plat), has made the following conclusions:
The Council determined the preliminary plat and final plat cannot be combined since the applicant is
proposing a street (private) to provide access to the four (4) residential lots and since the proposed
subdivision contains slopes exceeding ten (10%) the development is considered a hillside development
pursuant to Eagle City Code. Therefore, additional information will be required to address the
aforementioned items prior to approval of a final plat.
5. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-01-
10) 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 served
by individual wells, and sewer by the utilization of septic systems; 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;
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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 Central
District Health Department and Ada County Highway 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 14th day of December, 2010.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
J
ATTEST:
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,/ Sharon . Bergmann, Eagle City Cle
Page 34 of 34
K:\Planning Dept\Eagle Applications\SUBS\2010\M3-Hanson Sub ccf.doc