Findings - PZ - 2011 - PP/FP-02-10 - A Re-Sub Of Lots 2-5, Block 2 Of Eaglefield Estates Subd No. 1/1.01 Acre/ BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A COMBINED PRELIMINARY )
PLAT/FINAL PLAT FOR EAGLEFIELD )
ESTATES SUBDIVISION NO.2 FOR )
COLEMAN HOME,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FP-02-10
The above-entitled Combined Preliminary Plat/Final Plat came before the Eagle Planning and Zoning
Commission for their recommendation on February 7, 2011, at which time public testimony was taken and
the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral
and written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Coleman Homes, LLC, represented by Becky McKay with Engineering Solutions, LLP, is
requesting combined preliminary plat and final plat approval for Eaglefield Estates
Subdivision No. 2 (a re-subdivision of Lots 2-5, Block 2 of Eaglefield Estates Subdivision
No. 1). The 1.01-acre subdivision will consist of six (6) single-family residential lots. The
site is located south of W. Escalante Drive between N. Baxter Way and N. Vandries Way
at 318 N. Vandries Way, 354 N. Vandries Way, 5070 W. Lockner Street, and 357 N.
Baxter Way.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, Wednesday,November 10, 2010, at the
Eagle City Hall(Freedom Room) located at 660 E. Civic Lane, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on December 3, 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 January 17, 2011. 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 January 14, 2011. Requests for agencies' reviews were transmitted December
10, 2010, in accordance with the requirements of the Eagle City Code. The site was posted
in accordance with the Eagle City Code January 28, 2011.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 24, 2006, the City Council approved an annexation and rezone from RR
(Rural Residential-Ada County Designation)to R-2-DA-P(Residential-two units per acre
with a development agreement—planned unit development), R-4-DA-P (Residential-four
units per acre with a development agreement—Planned Unit Development) and MU-DA-
P (Mixed Use—with a development agreement—Planned Unit Development), conditional
use, preliminary development plan, preliminary plat, and vacation of right-of-way
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approvals for Eaglefield Estates Planned Unit Development (A-11-04/RZ-17-04/CU-10-
04/PPUD-3-04/PP-9-04NAC-2-04) for this site. The Development Agreement (Inst.
#106057136) associated with RZ-17-04 and planned unit development findings of fact
and conclusions of law for the aforementioned applications are incorporated herein by
reference.
On February 13, 2007, the City Council approved FPUD-03-06 & FP-10-06 (No. 1) &
FPUD-4-06 &FP-11-06 (No. 2) for a final development plan and final plats for Eaglefield
Estates Subdivision Phases No. 1 &No. 2, for Eaglefield, LLC.
On March 25, 2008, the City Council approved a modification (RZ-17-04 MOD) to the
development agreement(Instrument#109031309)to modify the approved setbacks for the
development and modify the municipal water Memorandum of Agreement (MOA) to
allow for the amendments to be made to the MOA without a modification to the
development agreement.
On May 16, 2008,the final plat for Eaglefield Estates Subdivision No. 1 was recorded at
the Ada County Recorder's Office.
On August 25, 2009, Eaglefield, LLC, represented by Clint Boyle with Landmark
Engineering and Planning, submitted an Extension of Time application for Eaglefield
Estates and Eaglefield Estates II Subdivisions(EXT-13-09).
On October 27, 2009,the City Council remanded the Extension of Time application for
Eaglefield Estates and Eaglefield Estates II Subdivisions(EXT-13-09)to staff.
On August 10, 2010,the City Council approved a preliminary plat extension of time
application for Eaglefield Estates Subdivision to be valid until February 12, 2012 (EXT-
06-10).
E. COMPANION APPLICATIONS:
RZ-17-04 MOD2 —A modification of the development agreement to eliminate the shared
driveway common access easements associated with Lots 3-13, Block 1, Lots 2-5, Block 2
(this site), and Lots 1-4, 18-21, 23-26, Block 6, as referenced in Condition of
Development #2.2 and shown on Exhibit "D1", within the Development Agreement
Modification (Instrument #109031309). The modification is also being requested to
change the fifteen(15) four-plex lots into seventeen(17)single-family lots.
VAC-02-10 — A request to vacate the shared driveway common access easements
associated with Lots 3-13, Block 1, Lots 2-5, Block 2, and Lots 1-4, 18-21, 23-26, Block
6.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing High Density MU-DA-P (Mixed Use with a Residential Subdivision
Residential development agreement—PUD) — Eaglefield Estates
Subdivision No. 1 (Lots
2-5, Block 2)
Proposed No Change No Change Re-subdivision of
Eaglefield Estates
Subdivision (Lots 2-5,
Block 2)
North of site Transitional R-4-DA-P(Residential up to four Residential Subdivision
Residential units per acre with a development —Eaglefield Estates
agreement—PUD) Subdivision No. 1
South of site Mixed Use and RUT(Ada County designation)and Single-family dwellings
Commercial C-2-DA (General business district —Compton Andrews
with a development agreement) Tract
East of site High Density MU-DA-P(Mixed Use with a Residential Subdivision
Residential development agreement—PUD) —Eaglefield Estates
Subdivision No. 1
West of site High Density MU-DA-P (Mixed Use with a Residential Subdivision
Residential development agreement—PUD) —Eaglefield Estates
Subdivision No. 1
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site— 1.01
Total Number of Lots—6
Commercial=0
Industrial—0
Common—0
Total Number of Units—6
Total Acreage of Any Out-Parcels—0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 5.93-units per acre Up to ten (10)units per acre
Minimum Lot Size 6,996-square feet 5,000 square feet(minimum)
Minimum Lot Width 55.98-feet 50-feet
Minimum Street Frontage 55.98-feet 35-feet
Total Acreage of Common Area 0-acres 0-acres (constructed as part of
(measured as total landscaping of Eaglefield Estates Subdivision
the entire site) No. 1)
Percent of Site as Common Area 0% 0% (constructed as part of
(measured as total landscaping of Eaglefield Estates Subdivision
the entire site) No. 1)
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The landscaping improvements were provided with the construction of Eaglefield Estates
Subdivision No. 1.
Open Space:
Because this is a re-subdivision of Lots 2-5, Block 2, of Eaglefield Estates Subdivision
No. 1 the required open space was provided as part of the Eaglefield Estates Planned Unit
Development.
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 utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System(yes or no)—not allowed
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features.
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.
J. STREET DESIGN:
Private or Public Streets: Public
No new streets, street widening, or dedication of right-of-way to the Ada County Highway
District is proposed with this application. All streets within this subdivision were
previously approved and constructed as part of Eaglefield Estates Subdivision No. 1.
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Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500':None
Cul-de-sac Design:N/A
Sidewalks, curbs and gutters:
Sidewalks were constructed as part of Eaglefield Estates Subdivision No. 1. Curbs and
gutters which meet Ada County Highway District standards have been constructed
abutting the interior streets.
Lighting:
All street lighting has been installed as part of Eaglefield Estates No. 1.
Street Names: No new streets are proposed with this application.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
See discussion under"Sidewalks"above.
Bike Paths: None proposed.
L. PUBLIC USES PROPOSED:None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—No
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No-
Historical Sites—No
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District — Indicated that prior to ACHD signing the final plat
written documentation will be required showing that public access to the site has been
obtained and will remain to provide access to the site.
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Boise River Flood Control District No. 10—No specific recommendations
Central District Health Department — Indicated that written approval must be provided
from the service providers of central sewer and central water
Chevron Pipe Line—Indicated no conflict with the pipe line
Idaho Transportation Department — Indicated that no access from the subdivision or
individual lot to State Highway 44 will be allowed
Department of Environmental Quality—Verging that there is adequate water and sewer
to serve the project.
Drainage District No. 2 — Indicated that Drainage District No. 2 entered into a License
Agreement for certain encroachments and discharge with Eaglefield LLC. The District
will have to review the plans for any new encroachments within the District's easement or
affecting the District's drains prior to any approval.
Eagle Fire District — Indicated that they have no opposition to the application and
approve the proposed changes to the development.
Star Fire District — Indicated they have no comment since these applications fall within
the Eagle Fire District
Q. LETTERS FROM THE PUBLIC: None received as of this date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Residential Six Plus
Suitable primarily for multi-family housing including apartments, town homes and
duplexes within the urbanized setting adjacent to designated transit corridors. An
allowable density of up to 10 units per 1 acre.
6.6 Land Use Implementation Strategies
C. Provide for a broad spectrum of housing types including apartments,townhouses,
condominiums, single family attached, manufactured homes, affordable and
subsidized housing and large acreage developments.
6.8.1 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community
commercial, professional office, and a variety of residential densities. The vision for
the area is to recognize the activity center created by Eagle High School and existing
development approved by Ada County and to provide compatible land uses at
densities that accommodate pedestrian scale design and future mass transit.
A. Uses
The land use and development policies specific to the Park Lane Planning Area
include the following:
7. The area located west of Linder Road and State Street shall provide for high
density residential including apartments,town homes and patio homes, and
transitioning northward to 1-2 units per acre. Internal circulation is essential
to the development of this area; a loop/frontage road similar to Old Valley
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Road should be created. Uses should focus on this roadway(not State Street)
with berming and wide setbacks to be used to buffer any residential use from
the regional transportation network.
C. Access
Access to and through should be limited to existing roads (Old Valley Road, Park
Lane and Linder Road); no direct access from State Street/ Highway 44 shall be
permitted unless a new access point is designated by the State of Idaho for Eagle
Island State Park.
The area to the north of State Highway 44 should require the construction of a
frontage road (similar to Old Valley Road) that removes individual property
access to State Highway 44. This high density area shall provide internal
circulation and connectivity to the residential areas to the north.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been formulated to realize the general purposes as set forth in this
title. In addition,the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as
limited office, limited commercial, and residential. This district is intended to ensure
compatibility of new development with existing and future development. It is also
intended to ensure assemblage of properties in a unified plan with coordinated and
harmonious development which shall promote outstanding design without unsightly and
unsafe strip commercial development. Uses should complement the uses allowed within
the CBD zoning district. All development requiring a conditional use permit in the MU
zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD
and/or development agreement process in accordance with chapter 6 or 10 of this title
unless the proposed development does not meet the area requirements as set forth in
section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise
a conditional use permit shall be required unless the proposed use is shown as a permitted
use in the MU zoning district within section 8-2-3 of this chapter. Residential gross
densities shall not exceed ten (10) dwelling units per acre. When a property is being
proposed for rezone to the MU zoning district, a development agreement may be utilized
in lieu of the PUD and/or conditional use process if approved by the city council, provided
the development agreement includes conditions of development that are required during
the PUD and conditional use process.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-2-3 (B)(1-5)
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:
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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 9-3-6 Easements
A. Unobstructed utility easements shall be provided along front lot lines,rear lot lines and
side lot lines. Total easement width shall not be less than twelve feet(12'), except that
lesser easement widths, to coincide with respective setbacks,may be considered as part of
the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet(12'), except that lesser
easement widths,to coincide with respective setbacks,may be considered as part of the
planned unit development.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.1 The maximum density for the Property shall be 2.61-dwelling units per acre (312
single family lots and 15 four-plex lots).
2.2
The Gables-MU Zone(four-plex lots)Prefer to use a building
envelope
front rear side
Coverage Size frontage setback setback side in out width
35% 10,000 35 20 20 5 20 50
The Cedars-R4 Zone (single family detached)
front rear side
Coverage Size* frontage setback setback side in out Width
6,000, 6,500 5 ft 1st
+2.5 ft
40% & 7,000 35 20** 20 2nd 20** 50
*All lots between 6, 000 and 6,999 sq ft shall have shared/common drives. All lots
less than 6,000 sq ft shall be alley loaded. See Exhibit"Dl"for lot access
requirements.
**15-foot front yard setback:
Lots 4,6,8, and 10, Block 3
Lots 4,6,8,10,11,13,14,15,16, and 18, Block 4
Lots 1, 3, 5, 7, 9, and 11,Block 5 (Exhibit"Dl")
Lot 10, Block 3, Lots 11-12, Block 4, Lots 1 and 11, Block 5, shall have street side
yard setback of 10 ft.
All lots within the"Cedars"requiring shared driveways shall be allowed front yard
setbacks of 15' to side loaded garages. Front loaded garages shall have a 20'
setback.
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2.4 Eagle hereby acknowledges that the attached typical housing styles and lot layout plan
(Exhibit "E") represents an example of the Property Owners' current concept for the
site and understands and agrees that changes in that concept will likely occur but that
the changes must substantially confonm to the concept plan and related designs herein.
The Property Owner also understands and agrees that any changes regarding
development of the site must be in conformance with the "Conditions of
Development"stated herein.
E. DISCUSSION:
• The site is designated as High Density Residential on the Comprehensive Plan Land Use Map.
The property is currently located within the MU-DA-P (Mixed Use with a development
agreement and planned unit development) zoning district. The site is also designated as being
located within the Park Lane Planning Area on the Comprehensive Plan Planning Area Map.
The applicant is proposing to re-subdivide four (4) residential four-plex lots into six (6)
residential single-family lots. The proposed subdivision will have single-family residential lots
ranging in size from 6,996 square-feet to 8,066 square feet. The applicant has also submitted
an application to vacate the existing shared access/common driveway easement associated with
this site along with a development agreement modification application requesting the
residential four-plex lots (which this application consists of four (4) of those lots) within
Eaglefield Estates Subdivision be changed to single-family residential lots.
• The applicant is requesting combined preliminary plat and final plat approval and submitted a
copy of a preliminary plat and final plat both of which are date stamped by the City on
December 3, 2010. The preliminary plat and the final plat contain plat notes associated with
the development. It should be noted that the preliminary plat and final plat notes do not
coincide with one another so for discussion purposes staff will reference only those notes on
the final plat.
• Plat note #2 indicates that each lot contains an easement twelve feet(12') in width adjacent to
any rear lot line. Pursuant to Eagle City Code, total easement width should not be less than
twelve feet (12'). As proposed, the easement width adjacent to the rear property lines will be
twenty four feet (24'). The preliminary plat shows an existing pressurized irrigation line
located adjacent to and running within four feet (4') of the rear lot lines. The applicant may
consider reducing the proposed rear lot line easement for each lot to six feet(6') in width for a
total of twelve feet (12') in width between the adjacent lots. Should the applicant choose to
reduce the rear lot line easement the applicant should provide a revised final plat which
indicates that the easement width adjacent to the rear lot lines is six feet (6') prior to the City
Clerk signing the final plat.
• Plat note #5 indicates that the minimum building setbacks, "shall be in accordance with the
City of Eagle applicable zoning and subdivision regulations at the time of issuance of
individual building permits or as specifically approved". The setbacks for the Eaglefield
Estates Planned Unit Development are addressed within the development agreement
associated with the rezone RZ-17-04. The applicant should submit a revised final plat showing
plat note #5 modified to read, "Minimum building setbacks shall be in accordance with the
setbacks as set forth in the conditions of development found within the development
agreement and subsequent modifications for RZ-17-04, at the time of issuance of a building
permit." The revised final plat should be submitted prior to the City Clerk signing the final
plat.
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• Plat note #8 indicates the subdivision is subject to the terms of a development agreement
recorded as instrument number 106057136, records of Ada County, Idaho. The plat note does
not address the subsequent modification(s) to the referenced development agreement. The
applicant should submit a revised final plat showing plat note #8 modified to read, "All lots
are subject to the provisions of the City of Eagle development agreement recorded as
instrument#106057136 and any subsequent modification(s)." The revised final plat should be
submitted prior to the City Clerk signing the final plat.
• Plat note #11 indicates that, "all lots within this subdivision shall have access to Linder Road
over an existing public right-of-way easement granted to the Ada County Highway District as
instrument no. 107018472, records of Ada County, Idaho." Within the Ada County Highway
District staff report it is indicated that the access to Eaglefield Estates from Linder Road was
provided via Escalante Drive. A portion of Escalante Drive was constructed over an adjacent
parcel to Eaglefield Estates which was never final platted and the right-of-way/public use of
Escalante Drive was provided by a right-of-way easement. The adjacent property has since
been foreclosed and gone back to the bank. Through the foreclosure process, the right-of-way
easement for Escalante Drive was relinquished, eliminating public access to the roadway and
Eaglefield Estates Subdivision. Site Specific Conditions of Approval #1 within the ACHD
staff report indicates that prior to ACHD's signature on the final plat the applicant should
provide written documentation that public access to the site has been obtained and will remain
to provide access to the site. Standard Condition of Approval No. 1 provided herein states that
the applicant shall comply with all requirements of Ada County Highway District. ACRD has
plat signing authority and will have to sign the plat prior to the applicant submitting the plat to
the City for final signature. Plat note#11 will need to be modified to reflect how access will be
provided to the subdivision. The applicant should submit a revised final plat showing plat note
#11 modified to address how access is being provided from Linder Road to Eaglefield Estates.
The revised final plat should be submitted prior to the City Clerk signing the final plat.
• 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(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.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the Combined Preliminary
Plat/Final Plat with conditions as provided within the staff report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on February
7, 2011, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one(not including the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSIONS DECISION REGARDING THE COMBINED PRELIMINARY PLAT/FINAL
PLAT:
The Commission voted 5 to 0 to recommend approval of the combined preliminary plat/final plat
for Eaglefield Estates Subdivision No. 2 with the following staff recommended site specific
conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement (or as modified) for rezone
application RZ-17-04
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project,prior to the City Clerk signing the final plat. (ECC 1-7-4)
4. The applicant shall provide a revised final plat which indicates that the easement width adjacent to
the rear lot lines shall be six feet(6')prior to the City Clerk signing the final plat. (ECC 9-3-6)
5. The applicant shall submit a revised final plat showing plat note #5 modified to read, "Minimum
building setbacks shall be in accordance with the setbacks as set forth in the conditions of
development found within the development agreement and subsequent modifications for RZ-17-
04, at the time of issuance of a building permit." The revised final plat shall be submitted prior to
the City Clerk signing the final plat. (Development Agreement Condition of Development#2.2)
6. The applicant shall submit a revised final plat showing plat note #8 modified to read, "All lots are
subject to the provisions of the City of Eagle development agreement recorded as instrument
#106057136 and any subsequent modification(s)". The revised final plat shall be submitted prior
to the City Clerk signing the final plat. (Executed development agreements instrument
#106057136 and instrument#109031309)
7. The applicant shall submit a revised final plat showing plat note #11 modified to address how
access is being provided from Linder Road to Eaglefield Estates. The revised final plat shall be
submitted prior to the City Clerk signing the final plat. (ECC 9-4-1-2)
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
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3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. 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. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and(3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
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12. 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.
13. Streetlight plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining streetlight fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable streetlight inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14 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.
15. 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.
16. 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.
17. 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
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Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable)prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The 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.
28. 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.
29. 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
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improvements (see resolution 98-3)prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. 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.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. 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.
34. 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.
35. 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.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet
above the ground)noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, Wednesday, November 10, 2010, at the Eagle City
Hall (Freedom Room) located at 660 E. Civic Lane, in compliance with the application submittal
requirement of Eagle City Code. The application for this item was received by the City of Eagle on
December 3, 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 January 17, 2011. 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 January 14, 2011. Requests for agencies' reviews
were transmitted December 10, 2010, in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code January 28, 2011.
3. The Commission reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat (PP/FP-02-10) 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(10) lots;
2. No new street dedication or street widening is involved;
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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.
DATED this 28th day of February, 2011.
PLANNING AND ZONING COMMISSION
THE CITY OF EAGLE
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Derek'Smith, Chairman ,,..,""""''1..
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