Findings - CC - 2011 - PP/FP-01-11 - Springhaven Subd/2 Lot/14.07 Acre/671 E Beacon Light Rd BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A COMBINED PRELIMINARY PLAT )
/FINAL PLAT FOR SPRINGHAVEN )
SUBDIVISION FOR MATTHEW SMITH )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FP-01-11
The above-entitled Combined Preliminary Plat/Final Plat came before the Eagle City Council for their
action on April 12, 2011, 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:
Scott Stanfield,with Mason & Stanfield, Inc., is requesting combined preliminary plat and
final plat and waiver approvals for Springhaven Subdivision, a two (2) lot residential
subdivision. The 14.07-acre site is generally located on the south side of East Beacon
Light Road approximately 1,984 feet east of the intersection of North Eagle Road and East
Beacon Light Road, at 671 East Beacon Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, Friday, January 21, 2011, on site in
compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on January 27, 2011.
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 February 28, 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 March 4, 2011. Requests for agencies' reviews were transmitted on February 14,
2011, in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on March 11, 2011.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on March 28, 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 March 25,
2011. The site was posted in accordance with the Eagle City Code April 1, 2011.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 28, 2008, the City Council approved an annexation and rezone from RUT
(Rural-Urban Transition — Ada County designation) to R-E-DA (Residential-Estates with
a development agreement) and a preliminary plat for Springhaven Subdivision an 8-lot(6-
buildable, 2-common) residential subdivision for Beacon Light Homestead, LLC (A-04-
08/RZ-09-08 & PP-04-08).
On October 28, 2008, the Eagle City Council approved a design review application for the
common area landscaping within Springhaven Subdivision(DR-60-08).
On September 22, 2009, the City Council approved the final plat for Springhaven
Subdivision an 8-lot (6-buildable, 2-common) residential subdivision for Beacon Light
Homestead,LLC (FP-06-08).
E. COMPANION APPLICATIONS:
RZ-09-08 MOD — A modification of the development agreement to modify the concept
plan to allow for a two (2) lot residential subdivision and still recognize the approved six
(6) lot residential subdivision. The modification also includes a requested waiver of the
requirement to construct the required landscape buffer adjacent to Beacon Light Road
until such time the six(6)lot residential subdivision is constructed.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential-Estates (up R-E-DA(Residential-Estates with a One(1) single-family
to one dwelling unit development agreement) dwelling and two (2)
per two acres) accessory structures
Proposed No Change No Change Residential subdivision
consisting of two (2)
lots(2 buildable)
North of site Rural Residential (up RUT(Rural Urban Transition - Two(2) single-family
to one dwelling unit Ada County designation) dwellings(one(1)
per five acres) unplatted parcel and
Lot 1, Block 1,
Sunnybrae
Subdivision)
South of site Residential-Estates(up A-R(Agricultural-Residential) Three(3) single-family
to one dwelling unit dwellings(One (1)
per two acres) unplatted parcel and
Lots 10 and 11, Los
Luceros Acres
Subdivision)
East of site Residential-Estates(up RUT(Rural Urban Transition - Accessory structures
to one dwelling unit Ada County designation) and agricultural
per two acres)
West of site Residential-Estates(up R-E(Residential-Estates) Three(3) single-family
to one dwelling unit dwellings and
per two acres) accessory structures
(one(1)unplatted
parcel and Lots 6 and 7,
Block 1, Bighorn
Subdivision No. 2)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site— 14.07 acres
Total Number of Lots—2
Commercial—0
Industrial—0
Common—0
Total Number of Units—2
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre .14-units per acre 1-unit per five acres (.20-units
per acre maximum)
Minimum Lot Size 7.03-acres (304,920 sq. ft.) 4.70-acres(204,732 sq. ft.)
Minimum Lot Width 100.00-feet(approx.) 100-feet
Minimum Street Frontage 155-feet 35-feet
Total Acreage of Common Area 0-acres 0-acres (not required in the R-
(measured as total landscaping of E zoning district)
the entire site)
Percent of Site as Common Area 0% 0% (not required in the R-E
(measured as total landscaping of zoning district)
the entire site)
GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The City Council approved a development agreement modification(RZ-09-08 MOD) to
waive the requirement to install the required landscape buffering located adjacent to East
Beacon Light Road.
Open Space:
Because this subdivision will be located within the R-E 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 utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
The application, date stamped by the City on January 27, 2011, indicates that no new fire
hydrants are proposed. Also,there are no water mains proposed within the subdivision.
All homes within the development are proposed to be served by individual wells.
On-site Septic System(yes):
Sewer is not located in proximity to the site and the development will not exceed one unit
per two acres. All homes within the development are proposed to be served by individual
septic systems.
Pressurized Irrigation:
The applicant has indicated within the provided application date stamped by the City on
January 27, 2011, that irrigation will be provided via surface water(gravity irrigation) and
not a pressurized irrigation system. The applicant has submitted a request for waiver for
the pressurized irrigation system as required pursuant to Eagle City Code.
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,
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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.
J. STREET DESIGN:
Private or Public Streets:
The proposed two(2) lot residential subdivision is fronted by East Beacon Light Road and
is not proposed to contain any internal streets.
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500':None
Cul-de-sac Design:N/A
Sidewalks:
The preliminary plat, date stamped by the City on January 27, 2011, does not show a
sidewalk located adjacent to East Beacon Light Road. The combined preliminary/final plat
application, date stamped by the City on January 27, 2011, indicates that no sidewalks or
pathways are proposed.
Curbs and Gutters:N/A
Lighting:None required
Street Names: No new streets are proposed with this application.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
See discussion under"Sidewalks"above.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
The preliminary plat, date stamped by the City on January 27, 2011, does not show a street
section for East Beacon Light Road nor did ACHD require a bike lane for East Beacon
Light Road. ACHD is currently drafting a pathway/bike master plan and, to date, has not
finalized street sections for the location of these facilities.
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,there are new trees planted in proximity to the existing house
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Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
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:
City Engineer: All comments within the engineer's letter dated March 8, 2011, are of
special concern.
Ada County Highway District—Required dedication of right-of-way and construction of a
five foot (5) wide sidewalk adjacent to East Beacon Light Road. Required that access be
provided by the existing driveway located on the adjacent properly.
Boise River Flood Control District No. 10 — Indicated the property is located outside of
the flood control district.
Central District Health Department — Indicated that the applicant will need to submit an
updated/new subdivision application to the health district for the proposed development.
Upon approval of the appropriate entities the development can be approved for individual
wells and septic systems.
Chevron Pipe Line—Indicated the project will have no conflicts with the pipeline.
Eagle Fire Department — Indicated that the existing driveway in not code compliant or
adequate to support the weight of fire trucks. Referenced the previously approved
subdivision application that indicated fire hydrants were going to be installed. Also,
indicated that street address numbers should be placed at the driveway entrance at the
intersection of East Beacon Light Road.
Eagle Sewer District—Indicated the property has not been annexed into the sewer district
and it would not be economically feasible to extend central sewer service to the project.
Idaho Transportation Department — Indicated that ITD has no comment regarding the
proposal.
United Water of Idaho—Indicated that United Water of Idaho has no comment because it
is located outside of their certificated service area.
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:
• The Comprehensive Plan Land Use Map(adopted August 25, 2009), designates this site as
Residential-Estates:
Suitable primarily for single family residential development within areas on acreages that may
be in transition from agricultural to residential use or may combine small scale agricultural
uses with residential uses. Maximum density of up to one(1)unit per two (2)acres.
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2A-7 (J)(4)(b) Landscape and Buffer Area Requirements, Major
Roadways:
b. Any road designated as a minor arterial on the transportation and pathway network plan in
the Eagle comprehensive plan:
A minimum of fifty feet(50')wide buffer area(not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: five
(5)shade trees, eight(8) evergreen trees, three (3) flowering/ornamental trees, and twenty
four(24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent(50%)of the shade
trees are substituted.
A minimum five foot(5')high, maximum eight foot(8')high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet(3')horizontal distance to one foot(1')vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot(4')wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
• Eagle City Code Section 8-2A-7 (0)Alternative Methods of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance is
a procedure that allows certain modifications to existing regulations within this section.
Requests for use of alternative landscaping schemes are justified only when one or more
of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil,vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can
be provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city with
a written request if an alternative method of compliance is proposed. The request shall
state which requirement as set forth within this section is to be modified, what project
conditions stated within subsection 01 of this section justify using the proposed
alternative, and how the proposed alternative equals or exceeds said requirement.
3. Tree Fund: Persons applying for an alternative method of compliance for relief from
regulations that require all existing trees to remain on site may elect to make a financial
contribution to the Eagle city tree fund in lieu of retaining all trees on site. The
condition(s)which warrants the need for the tree fund alternate method of compliance
shall be specified in the application submitted under subsection 02 of this section. If the
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application is approved, the amount to be contributed by the applicant will be based upon
the total caliper inches of deciduous tree(s)removed from the site and the total vertical
feet of coniferous trees removed from the site. Cost per caliper inch for deciduous trees
and cost per vertical foot for coniferous trees shall be determined by resolution of the city
council. The applicant shall have the right to review and consider the value determination,
and following said review, to reapply for other alternative methods of compliance, without
prejudice, in accordance with subsection 02 of this section.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-2-3 Preliminary Plat:
B. 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.
C. Required Information And Data:
1. The contents of the preliminary plat and related information shall be in such a form as
stipulated by the city council;however, any additional maps or data deemed necessary
by the administrator may also be required.
2. The subdivider shall submit to the administrator at least the following:
C. Required Information and Data:
3. The following shall be submitted separately:
1. A site report as required by the appropriate health district where
individual wells or septic tanks are proposed;
m. Any proposed or existing utilities, including, but not limited to, storm and
sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts,
water mains, fire hydrants and their respective profiles;
n. Any dedications to the public and/or easements, together with a statement
of location, dimensions and purpose of such; and
• Eagle City Code Section 9-3-1 Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions, improvements
and facilities done, constructed or made in accordance with said provisions shall comply with
the minimum design standards set forth in this chapter and with all applicable requirements set
forth in title 8, chapter 6, "Planned Unit Developments", of this code; provided, however, that
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any higher standards adopted by any highway district,the Idaho transportation department or
health agency shall prevail over those set forth herein.
• Eagle City Code Section 9-3-2 Streets and Alleys:
9-3-2-1: Location and Design:
Street and road location and design shall conform to the following standards:
J. Driveways: Driveways providing access to no more than two (2) dwelling units shall be
allowed within any subdivision.
• 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.
• Eagle City Code, Section 9-4-1 Improvements Required:
Every subdivider shall be required to install the following public and other improvements in
accordance with the following conditions and specifications.
• Eagle City Code Section 9-4-1-9 Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units shall be provided with a pressurized irrigation system to
be served with irrigation water unless a waiver, as outlined herein, is approved by the
city council.
2. The requirement for installation of a pressurized irrigation system may be waived by
the city council when the applicant has established that any of the following situations
exist(the sale or transfer of an existing water right shall not be grounds for requesting
a waiver pursuant to this provision):
c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the city engineer. The applicant shall present the
proposed alternative delivery system to the city engineer at the time the waiver is
requested.
d. That due to the specific circumstances surrounding a new subdivision,the cost of
obtaining water rights, reestablishing water rights or developing the system would
impose an undue economic hardship on the developer. For purposes of this
section, an undue economic hardship shall consist of a showing that the cost per
lot to develop the pressurized irrigation system would be twenty five percent
(25%)higher than the cost per lot for providing a pressurized irrigation system to
subdivisions of similar size and density constructed in the city within the previous
two(2)years; or the cost per lot of the pressurized irrigation system would exceed
five percent(5%)of the expected per lot market value of the subdivision.
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The developer shall bear the burden of providing documentation, acceptable to the
city engineer and city council, demonstrating and supporting the estimated costs
of construction of the pressurized irrigation system, and the cost per lot for
irrigation systems in those subdivisions built in the last two(2)years as noted
above, and the expected market value of the subdivision lots. For phased
developments, costs will be analyzed over all phases of the development rather
than the first phase only.
3. Should installation of a pressurized irrigation system be waived by the city engineer, as
outlined herein, compliance to Idaho Code 31-3805 is still required.
4. Requests for waivers shall be submitted to the city with the preliminary plat
application and shall be accompanied by an irrigation report, prepared by a licensed
Idaho registered professional engineer, stating the location and availability of surface
irrigation water and documenting the basis for the waiver request. If applicable,the
irrigation report shall be accompanied by a letter from the irrigation district or canal
company stating that water rights and/or a delivery system are not available to the
property.
• Eagle City Code Section 9-4-1-10 Storm Drainage;Flood Controls
E. Runoff From Impervious Cover: Runoff from areas of concentrated impervious cover(for
example, roofs, driveways and roads)shall be collected and transported to a natural
drainageway with sufficient capacity to accept the discharge without undue erosion.
N. Drainage System Plans: Drainage system plans shall show how lots will be graded so that
all runoff runs either over the curb, or to a drainage easement, and that no runoff shall
cross any lot line onto another lot except within a drainage easement.
• Eagle City Code Section 9-4-1-11 Fire Hydrants and Water Mains:
Adequate fire protection shall be required in accordance with the appropriate fire district
standards.
• Eagle City Code Section 9-4-1-12 Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for
the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats
shall show the location of all buffer areas.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.2 The Concept Plan(Exhibit B)represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes
in that concept may occur. If the City determines that any such changes require additional
public comment due to potential impacts on surrounding property or the community, a
public hearing shall be held on any proposed changes in the Concept Plan, notice shall be
provided as may be required by the City.
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E. DISCUSSION:
• The Comprehensive Plan Land Use Map designates this site as Residential-Estates (up to one
unit per two-acre maximum) and the property has a R-E-DA (Residential-Estates with a
development agreement) zoning designation. The applicant proposes to subdivide the 14.07-
acre site into two (2) residential lots. The proposed subdivision will have two (2) lots from
7.03-acres and will comply with the 1.8-acre minimum lot size requirements for the R-E 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 .14-units per acre (less than one(1)unit per two (2)acres maximum).
The applicant previously received preliminary plat, design review, and final plat approvals for
an eight(8) lot(6 buildable, 2 common)residential subdivision (aka Springhaven Subdivision)
to be constructed on the subject parcel. The applicant submitted an application for a
development agreement modification to recognize the development proposal associated with
the currently proposed two (2) lot residential subdivision and the originally approved eight(8)
lot residential subdivision. The applicant has also submitted an extension of time application
for the final plat for the eight (8) lot Springhaven Subdivision. It is the intention of the
applicant to eventually construct the originally proposed eight (8) lot Springhaven
Subdivision, however, as stated by the applicant, due to the current housing market the
applicant is not moving forward with that proposal at this time.
• The preliminary plat, date stamped by the City on January 27, 2011, delineates existing
easements adjacent to the western and eastern property boundary lines. Those easements are
identified on the plat as, "existing easements instrument number 8010060 and instrument
number 99092394." The approved final plat for the original eight (8) lot Springhaven
Subdivision identifies the easements adjacent to the western and eastern property boundary
lines as existing road easements; instrument numbers 7707448 and 99092394. Plat note No.8
of the eight (8) lot approved final plat indicates that, "all lots in the subdivision are subject to
restrictive and protective covenants as described in instrument number 8010060 of Ada
County records." The applicant should provide copies of the instruments (referenced by the
preliminary plat) for the easements located adjacent to the eastern and western boundaries
prior to the City Engineer signing the final plat. The easement adjacent to the western
boundary line splits to the south into a separate easement approximately six hundred feet
(600') south of the driveway access point at East Beacon Light Road. This easement is
indentified as instrument number 109109347 which is the instrument number for the executed
development agreement associated with the rezone of the subject property (RZ-09-08). The
applicant should record a separate easement description for the section of easement(providing
access to the existing dwelling) that splits to the south from the easement adjacent to the
western boundary line. The recorded easement should be referenced on the final plat prior to
the City Engineer signing the final plat.
• 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 when other means for providing irrigation exist such as gravity
irrigation on large parcels. Within the application, date stamped by the City on January 27,
2011, the applicant has indicated that they will continue using surface water (gravity
irrigation) supplied by the Farmer's Union. Ditch Company. Although the applicant has
indicated that irrigation water will be provided from surface water (gravity irrigation) they
have not requested a waiver of the requirement for pressurized irrigation pursuant to Eagle
City Code. The applicant has provided a draft copy of the Code, Covenants and Restrictions
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(CC&R's) date stamped by the City on January 27, 2011, which addresses irrigation. The
submitted CC&R's are based on the previously approved Springhaven Subdivision proposal
which contained eight (8) lots (6 buildable, 2 common) and are based on the installation of a
pressurized irrigation system. The applicant should submit a request for a waiver of the
requirement for the installation of pressurized irrigation to be reviewed and approved by the
City Engineer prior to the City Engineer signing the final plat. The applicant should also
provide documentation on how the surface water right will be transferred and divided between
the two (2) lots and provide an irrigation plan showing how irrigation will be provided to each
lot for review and approval by the City Engineer prior to the City Clerk signing the final plat.
• Plat note No. 2 of the preliminary plat, date stamped by the City on January 27, 2011,
indicates that a six foot (6') wide public utility and drainage easement is, "hereby reserved
adjacent to all interior lot lines." One of the owners of the property recently constructed a
residential dwelling on the southern portion of the property and it is unknown where the
service utilities are located for the dwelling. It should also be noted that, should the property
(as previously discussed) be re-platted at a future date, the proposed interior lot line easements
will need to be relocated. In lieu of indentifying a side lot line easement, the applicant should
provide a revised preliminary plat that delineates the location of the utilities serving the
existing dwelling to be located within a twelve foot (12') wide public utilities, drainage and
irrigation easement that is located outside of the existing easements as shown on the plat. The
location of the proposed easement should be in conformance to the future development plans.
The revised preliminary plat should be provided prior to the City Engineer signing the final
plat.
• Plat note No. 3 of the preliminary plat, date stamped by the City on January 27, 2011,
indicates that "any resubdivision of this plat shall comply with the applicable regulations in
effect at the time of the resubdivision." In this case, the applicant is also requesting that the
original approval of the proposed eight (8) lot residential subdivision remain intact. The plat
note should be revised to include language regarding the development agreement associated
with the approved rezone. The development agreement contains the concept plan and
conditions of development associated with the rezone for the original approval of the eight(8)
lot residential subdivision. The applicant should provide a revised preliminary plat with plat
note No. 3 revised to read as follows: "Any resubdivision of this plat shall comply with the
applicable regulations in effect at the time of the resubdivision and the development agreement
associated with Eagle application number RZ-09-08." The revised preliminary plat should be
reviewed and approved by the City Engineer prior to signing the final plat.
• Plat note No. 5 of the preliminary plat, date stamped by the City on January 27, 2011,
indicates that "a twelve foot (12') wide easement is reserved adjacent to all exterior lot lines,
as shown for public utilities, drainage and irrigation facilities." The preliminary plat only
shows three (3) existing easements which are referenced as Instrument Nos. 8010050,
99092394 and 109109347. Instrument No. 109109347 is the number assigned to the executed
development agreement associated with the rezone of the subject parcel. None of these
easements are identified as easements for public utilities, drainage and irrigation facilities. In
the original proposal for the eight(8) lot Springhaven Subdivision the easement adjacent to the
western boundary and providing access to the existing residential dwelling (as labeled on the
preliminary plat) was proposed to be dedicated as right-of-way for a public street. Should the
applicant move forward with the originally proposed eight(8) lot Springhaven Subdivision the
proposed easement twelve foot (12') wide public utility, drainage and irrigation facility
easement would be located within the public street right-of-way and the existing easement
adjacent to the eastern boundary. The applicant should provide a revised preliminary plat
showing the twelve foot (12') wide easements to be located outside of the existing easements
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as shown on the plat. The location of the proposed easements should be in conformance to the
future development plans. The revised preliminary plat should be reviewed and approved by
the City Engineer prior to signing the final plat.
• The preliminary plat, date stamped by the City on January 27, 2011, shows a fifty-foot (50')
wide easement contained within, and adjacent to, the western boundary of the subdivision.
The easement is not identified as to the type of easement on either the plat map or within the
plat notes. There are two (2) unplatted properties which contain a total of three (3) dwelling
units located adjacent to the subject property. The subject property contains one (1)residential
dwelling, and with the approval of the combined preliminary/final plat, one (1) additional
dwelling unit may be constructed. The preliminary plat shows the driveway for the proposed
subdivision gaining access to East Beacon Light Road outside of the aforementioned easement
approximately eighty feet (80') in length into the site. From that point the driveway is located
within the easement. This driveway provides access to the four (4) existing dwellings located
on the adjacent properties and the subject property and will also provide access to the
additional dwelling (to be located on the subject parcel) upon its completion. Pursuant to
Eagle City Code, driveways providing access to no more than two (2) dwelling units shall be
allowed within any subdivision. Although only two (2) dwellings will be located within a
subdivision, the driveway is serving the two (2) adjacent unplatted parcels to the west,
containing three (3) dwellings for a total of five (5) dwellings being served by a single
driveway. The applicant should provide a revised preliminary plat showing the driveway that
provides access to the proposed subdivision is located within the existing easement contained
within the proposed subdivision. The revised preliminary plat should be provided prior to the
City Engineer signing the final plat.
• The preliminary plat, date stamped by the City on January 27, 2011, delineates a twenty-five
foot(25')wide easement located within Lot 1, adjacent to the existing easement at the western
most perimeter boundary of the proposed subdivision. The delineated easement is not
identified as to the type of easement nor is there any reference to the easement within the
provided plat notes. The applicant should provide a revised preliminary plat either indentifying
the necessity of the easement located adjacent to the existing easement at the western most
boundary or provide a revised preliminary plat showing the removal of the easement prior to
the City Engineer signing the final plat.
• East Beacon Light Road is identified on the 2030 Functional Classification Map as a minor
arterial. Pursuant to Eagle City Code, subdivisions located adjacent to a minor arterial are to
be buffered from the arterial by a fifty foot(50') wide landscaped buffer area which contains a
five foot to eight foot (5'-8') high berm and/or decorative block wall. The applicant is not
proposing to construct the required landscape/screening buffers adjacent to East Beacon Light
Road. As a companion application to the subject application, the applicant has applied for a
modification to the development agreement associated with the rezone and the previously
approved eight (8) lot residential subdivision. The applicant provided a narrative with the
development agreement modification, application date stamped by the City on January 27,
2011, that requested a waiver of the requirement to construct the landscape buffer inclusive of
the sidewalk adjacent to East Beacon Light Road for the two (2) lot subdivision only. The
development agreement modification narrative goes on to state that it is the applicant's
intention to complete the required landscape buffer and sidewalk upon recordation of the final
plat for the originally approved eight (8) lot Springhaven Subdivision. The applicant has
requested that the following items be acknowledged regarding the landscape buffer waiver
request:
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1. Both owners of the subject parcel are going to live on the property.
2. Both homes will be located at least seven hundred feet (700') from East Beacon
Light Road.
3. Both homes will be located so that they conform to the approved plat for the
originally approved eight(8) lot Springhaven Subdivision.
4. The originally approved development agreement, design review and final plat for
the eight (8) lot Springhaven Subdivision will ensure that all necessary
improvements will be constructed. This includes, but is not limited to, a complete
landscape buffer including a berm and sidewalk located adjacent to East Beacon
Light Road, a new dedicated street constructed to ACHD standards, street lights,
and a pressurized irrigation system serving all of the lots contained within the
subdivision.
Staff will defer to the Planning and Zoning Commission and the City Council for discussion
regarding this item.
• The preliminary plat, date stamped by the City on January 27, 2011, does not contain any plat
notes in reference to storm water. 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 prior to the City Engineer signing the final plat.
• The existing power utilities to the site are located overhead. Per Eagle City Code, underground
utilities are required. The applicant should be required to place all utilities underground 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 if the requested waivers are approved by the
City Council.
• The overall site development must comply with the requirements of Eagle City Code and the
conditions of approval for a Design Review application with the exception of any waivers
approved by the City Council.
SUMMARY:
The applicant is requesting waivers to the following Eagle City Code Sections:
1. Eagle City Code Section 8-2A-7(J)(4)(b)—Landscape and Buffer Area Requirements
2. Eagle City Code Section 9-3-2-1 (J)— Street and Alleys; Location and Design; Driveways
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3. Eagle City Code Section 9-4-1-6(F)—Required Improvements; Sidewalks
4. Eagle City Code Section 9-4-1-9 (C)(2)(c)—Pressurized Irrigation Facilities
STAFF RECOMMENDED FINDINGS:
• Preliminary Plat/Final Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the
Commission and Council", with the approval of the requested waivers, and based upon the
information provided to staff to date, staff believes that the proposed preliminary plat/final plat
is in accordance with the City of Eagle Code because:
1. The subdivision will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as
shown within the findings provided within this document and the proposed residential use
is in accordance with the residential land use designation of this area shown within the
Comprehensive Plan;
2. The subdivision will be served adequately by essential public facilities such as streets,
police and fire protection, schools, drainage structures, refuse disposal, water 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;
3. That there are no known capital improvement programs for which this development would
prevent continuity;
4. That based upon agency verification and additional written comments of the Central
District Health Department and Ada County Highway District, as conditioned herein,
there is adequate public financial capability to support the proposed development;
5. That any health, safety and environmental problems that were brought to the Commission
and Council's attention have been adequately addressed by the applicant or will be
conditions of approval as set forth within the conditions of approval herein.
• Staff 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. With the approval of the requested waivers 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 requested Combined
Preliminary Plat/Final Plat with the Site Specific Conditions of Approval and Standard Conditions
of Approval 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 March
21, 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 the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application 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 two (2) lot subdivision will fit well with the surrounding area and the
additional lots will have minimal impact on the adjacent properties and infrastructure.
• The Commission supports the waiver of the Eagle City Code requirements regarding the
construction of the landscape berm and sidewalk adjacent to East Beacon Light Road until
such time the property is resubdivided in the future.
• The Commission supports the waiver of the requirement for pressurized irrigation since
the applicant is proposing to serve the development with gravity flow irrigation.
COMMISSIONS DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Aizpitarte and Roehling absent) to recommend approval of PP/FP-
01-11 for a combined preliminary plat/final plat and the requested waivers for Springhaven
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 April 4, 2011.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 12, 2011, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION REGARDING THE COMBINED PRELIMINARY PLAT/FINAL PLAT:
The Council voted 3 to 0 (Huffaker absent) to approve PP/FP-01-11 for a combined preliminary plat/final
plat for Springhaven Subdivision, with the following Planning and Zoning Commission 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 for rezone application RZ-09-08
and RZ-09-08 MOD.
2. Comply with all requirements of the City Engineer.
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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 9-2-3 [C] [3] [I])
4. The applicant shall place a note on the final plat stating all storm water from the individual lots is
to be retained on the individual lots prior to the City Engineer signing the final plat. (ECC 9-4-1-
10 [H])
5. The applicant shall provide copies of the recorded instruments (referenced by the preliminary plat)
for the easements located adjacent to the eastern and western boundaries prior to the City Engineer
signing the final plat.
6. The applicant shall record a separate easement description for the section of easement (providing
access to the existing dwelling) that splits to the south from the easement adjacent to the western
boundary line. The recorded easement shall be referenced on the final plat prior to the City
Engineer signing the final plat. (ECC 9-3-2-1 [J])
7. In lieu of indentifying a side lot line easement, the applicant shall provide a revised preliminary
plat that delineates the location of the utilities serving the existing dwelling to be located within a
twelve foot (12') wide public utilities, drainage and irrigation easement that is located outside of
the existing easements as shown on the plat. The location of the proposed easement should be in
conformance to the future development plans. The revised preliminary plat should be reviewed
and approved by the City Engineer prior to signing the final plat. (ECC 9-3-6)
8. The applicant shall submit a request for a waiver of the requirement for the installation of
pressurized irrigation to be reviewed and approved by the City Engineer prior to the City Engineer
signing the final plat. (ECC 9-4-1-9 [C] [4])
9. The applicant shall provide documentation on how the surface water right will be transferred and
divided between the two (2) lots and provide an irrigation plan showing how irrigation will be
provided to each lot for review and approval by the City Engineer prior to the City Clerk signing
the final plat. (ECC 9-4-1-6 [C] [2] [c])
10. The applicant shall provide a revised preliminary plat showing a driveway providing access to the
proposed subdivision to be located within the existing easement adjacent to the western boundary
of the proposed subdivision. The revised preliminary plat shall be reviewed and approved by the
City prior to the City Engineer signing the final plat. (ECC 9-3-2-1 [J])
11. The applicant shall provide a revised preliminary plat showing the twelve foot (12') wide
easements to be located outside of the existing easements as shown on the plat. The location of the
proposed easements shall be in conformance with the future development plans. The revised
preliminary plat shall be reviewed and approved by the City Engineer prior to signing the final
plat. (ECC 9-3-6)
12. The applicant shall provide a revised preliminary plat either indentifying the necessity of the
easement located adjacent to the existing easement at the western most boundary of the proposed
subdivision or provide a revised preliminary plat showing the removal of the easement prior to the
City Engineer signing the final plat. (ECC 9-2-3 [C] [3] [n])
13. The applicant shall provide a revised preliminary plat with plat note No. 3 revised to read as
follows: "Any resubdivision of this plat shall comply with the applicable regulations in effect at
the time of the resubdivision and the development agreement and subsequent development
agreement modifications associated with RZ-09-08". The revised preliminary plat shall be
reviewed and approved by the City Engineer prior to signing the final plat.
14. The Springhaven Subdivision shall remain under the control of one Homeowners Association.
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15. The applicant shall place a note on the final plat that the irrigation system is to be owned and
maintained by the Homeowner's Association. (ECC 9-4-1-9 [C])
16. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the irrigation system in perpetuity. (ECC 9-4-1-9 [C])
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.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat(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.
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
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City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. 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. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
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.
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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, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
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
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.
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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
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 street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
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 in compliance with the application submittal requirement of Eagle
City Code at 6:00 PM, Friday, January 21, 2011, on site in compliance with the application submittal
requirement. The application for this item was received by the City of Eagle on January 27, 2011.
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2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on February 28, 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 March 4, 2011. Requests for agencies' reviews were
transmitted on February 14, 2011, in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code on March 11, 2011.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on March 28,
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 March 25, 2011. The site was posted in accordance with the Eagle City Code
April 1, 2011.
3. The Council reviewed the particular facts and circumstances of this proposed combined preliminary
plat/final plat (PP/FP-01-11) 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, individual well and septic
system; 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, and that the
requested waivers regarding the required landscape and buffer berm, driveway location and
design, sidewalks, and pressurized irrigation were addressed and approved with the
development agreement modification;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire
District, Eagle Sewer District, and United Water Company as conditioned herein, there is
adequate public financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission and
Council's attention have been adequately addressed by the applicant or will be conditions of
approval as set forth within the conditions of approval herein.
Page 22 of 23
K.\Planning Dept\Eagle Applications\SUBS\20l I\Spnnghaven Sub(2-lot)ccfdoc
DATED this 26th day of April, 2011.
CITY COUNCIL
OF THE CITY OF EAGLE
Ad'County, Idaho
41ti ,C.
.« a ,.
aa.aaraaaa,,
es D. Reynolds,Y Ma ,'
ATTEST:
•
my c
a .
P•
haron ' . Bergmann, Eagle City Clem °"a�`'t>"f�:•' ti4
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 23 of 23
K\Planning Dept\Eagle Applications\SUBS\2011\Springhaven Sub(2-101)ccf doc