Findings - PZ - 2013 - PP-08-13 - Lockey Subd/40-Lot/20.37 Acre/3633 W. Beacon Light Road BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT )
FOR LOCKEY SUBDIVISION )
FOR SOMERSET FARMS,INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-08-13
The above-entitled Preliminary Plat application came before the Eagle Planning and Zoning Commission
for their recommendation on September 3, 2013, 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:
Somerset Farms, Inc., represented by Chris Todd with T-O Engineers, Inc., is requesting
preliminary plat approval for Lockey Subdivision, a 40-lot (33-buildable and 7-common)
residential subdivision. The 20.37-acre site is located on the south side of West Beacon
Light Road approximately 630-feet east of North Park Lane at 3633 West Beacon Light
Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, June 10, 2013, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on June 20, 2013.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on August 19, 2013. Notice of this public hearing
was mailed to property owners within three-hundred feet(300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on August 17, 2013. Requests for agencies' reviews were transmitted on June 26,
2013, in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on August 23, 2013.
D. HISTORY OF PREVIOUS ACTIONS:
On June 26, 2007, the City Council approved an annexation and rezone from RUT(Rural-
Urban Transition — Ada County designation) to R-2-DA (Residential 1.60 units per acre
with a development agreement) and preliminary plat for June Lockey Subdivision for
Lakeside Capitol Group,LLC. (A-05-07/RZ-06-07 and PP-08-07).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two RUT (Ada County Designation) Residence&Agriculture
R-2-DA(Residential-1.6 units
Proposed No Change per acre with a development Residential subdivision
agreement)
North of site Residential Rural RUT(Ada County Designation) Residence and agricultural
RUT (Ada County Designation) Residential (Tabasco Trail
South of site Residential Two and R-E(Residential Estates-up Subdivision)
to one unit per two acres)
East of site Residential Two RUT (Ada County Designation) Residential (Tamara Place)
RUT (Ada County Designation) Residential (Proposed
West of site Residential Two &R-2-DA Lingel Subdivision) and
agricultural
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA or CEDA.
H. SITE DATA:
Total Acreage of Site—20.47
Total Number of Lots—40
Residential—33
Commercial—0
Industrial—0
Common—7
Total Number of Units—
Single-family—33
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.62 Less than 2 dwelling units per acre
Minimum Lot Size 17,000 17,000
Minimum Lot Width 96-feet 75-feet
Minimum Street Frontage 36-feet 35-feet
Total Acreage of Common Area 4.0 3.68
Percent of Site as Common Area 19.5% 18%
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Except that, according to ECC Section 9-3-8 (C)the
City may require additional public and/or private park
or open space facilities in PUDs or in subdivisions
with 50 or more lots.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
As required by Eagle City Code Section 8-2A-7(J)(4)(b), the applicant proposes to
construct a fifty-foot (50') wide buffer along West Beacon Light Road. All berming,
fencing, and landscaping details, including any proposed pump houses for pressurized
irrigation, are required for Design Review Board review and approval prior to submittal of
a final plat.
Open Space:
The proposed development includes 4.0 acres (19.5%) of common area. The common area
consists of the required buffer area along N. Beacon Light Road, and open space lots
consisting of 3.3 acres (approximately). The open space lots are located along the
southern boundary, the landscape islands within the three cul-de-sacs, one common lot
located at the southwest corner of Hearthglow Avenue and Glastonbury Street, and three
common lots along Glastonbury Street. The application states a pathway will provide east
to west connection within the common area on the southern boundary of the subdivision.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
The preliminary plat is proposing six (6) fire hydrants located within the subdivision. Per
the Eagle Fire Department letter, move the fire hydrants from the bulb of the cul-de-sac on
Melwas Way. And relocate them to lot lines near the throat of the cul-de-sac. Hydrants
are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System(yes or no)—(no) existing to be removed.
The existing dwelling on site is served by a septic system. If the existing dwelling is not
removed, the applicant will be required to connect the existing dwelling into a central
sewer system. If the existing dwelling is removed, the applicant will be required to obtain
the proper permits and abandon the septic systems.
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Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
J. STREET DESIGN:
Public Streets:
The detailed typical street section on the preliminary plat shows all internal roadways
(Glastonbury Street, Hearthglow Avenue, Melwas Way, and Wellhouse Street), with a
fifty foot (48') wide right-of-way street section with a thirty-six foot (36') wide travel way
(back of curb to back of curb) with rolled curbing. The preliminary plat shows Hearthglow
Avenue providing access to the subdivision from West Beacon Light Road with a
landscape island located within the street and twenty one foot (21') wide travel way on
each side of the landscape island. Glastonbury Street and Wellhouse Street provides a
connection to the proposed Whitehorse Subdivision to the west. The street section also
shows an eight foot(8') wide planter strip partially located within the right-of-way.
Cul-de-sac Design:
There are three (3) cul-de-sacs proposed within the subdivision: one located at the
terminus of Hearthglow Avenue, and two located on the north and south terminus of
Melwas Way. All cul-de-sacs are proposed with 52-foot radius of right-of-way and ten
foot(10') radius landscape islands.
Sidewalks:
Beacon Light Road abutting this parcel is currently not improved with any curb, gutter or
sidewalk. A 5-foot wide meandering detached sidewalk is required along North Beacon
Light Road abutting the northern portion of the site. A detached five-foot (5') wide
concrete sidewalk is proposed abutting both sides of the roadway on the interior streets
within an easement.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street name approval by the Ada County Street Name Committee is required prior to the
submittal of a Final Plat. Any modifications of street names shall be completed before
final plat approval. Street names approved by the Ada County Street Name Committee are
shown on the attached correspondence from that committee.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
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Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L. PUBLIC USES PROPOSED: None.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes—east, south and western property boundaries
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—no
Unique Plant Life—unknown
Unstable Soils—no
Wildlife Habitat—no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the engineer's letter dated August 15, 2013 are of special
concern (attached to the staff report).
Ada County Highway District date stamped by the City on July 25, 2013
Central District Health date stamped by the City on July 15, 2013
Department of Environmental Quality date stamped by the City on August 2, 2013
Eagle Fire Department date stamped by the City on July 18, 2013
Eagle Sewer District dated June 27, 2013
Idaho Department of Lands date stamped by the City on July 17, 2013
Idaho Transportation Department date stamped by the City on June 26, 2013
Farmers Union Ditch Company,Inc. (Jerry A. Kiser)dated June 27, 2013
Q. LETTERS FROM THE PUBLIC:
John A. Vogt stated in correspondence date stamped by the City on August 23, 2013, that the
proposed subdivision is at a density that does not fit the neighborhood or adjacent properties and
the proposed lots should provide a transition from the 1.8-acre lots in the Henry Fork Subdivision
to the adjacent 5-acre lots (a suggestion of 3-acre lots).
Leona E. Vogt stated in correspondence date stamped by the City on August 23, 2013, that the
proposed subdivision is at a density that does not fit the neighborhood or adjacent properties and
the proposed lots should provide a transition from the 1.8-acre lots in the Henry Fork Subdivision
to the adjacent 5-acre lots (a suggestion of 3-acre lots).
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Pat Minkiewicz in a correspondence received on August 28, 2013, that the proposed two stub
streets on adjacent property already should be in place and connected to the Lockey subdivision
before a main entrance at Beacon Light Road be approved for Lockey. Or, a P&Z Commission
approval of the Lockey plat be contingent on the completed construction of the stub street, which
would require the Somerset applicant to communicate ASAP with the adjacent property owners
involved with the proposed stub street.
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 February 3, 2011) designates this site
as Residential two:
Suitable primarily for single family residential development within areas that are rural in
character. An allowable density of up to 2 units per 1 acre.
• Chapter 4—Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the public
and are generally available to Eagle residents. The City and special districts provide the
basic services of water, sewer, school, police, fire and library to residents. With Eagle's
growing population comes the need for increased public services and the necessity to
improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded play an
important role in the location and intensity of future housing, commercial and industrial
development. Since the City of Eagle depends on outside providers, it must be involved in
any plans that will affect the community. Service providers currently include:
b. The Eagle Sewer District which provides sewer service within a designated
sewer service area.
c. The Meridian and Boise School Districts provide K-12 education.
g. Private canal companies and drainage districts provide irrigation water and
drainage water management.
4.9 Other Services and Utilities Existing Conditions
b. Pressure Irrigation: The City of Eagle currently requires developers to install
pressurized irrigation systems for the irrigation of landscaping when new
development is within an irrigation district and water rights are available.
• Chapter 6—Land Use
6.2 Future and Existing Land Use Conditions
Residents of Eagle and its AOI have a strong desire to maintain the rural "feel" of the
community. The area of impact is primarily rural in nature; the majority of the area is
currently divided into 10+ acre tracts and limited 1 acre lots developed within the County.
The vision for the area focused on identifying activity centers and the regional
transportation corridors while preserving the rural character of the City of Eagle. These
areas are the final development area for the City as lands to the east, south and west begin
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to be incorporated into other municipalities. In order to ensure the quality of life that is
desired by Eagle residents, it is necessary to maintain a tax base that is adequate for
providing expected public services.
6.4 Land Use Goals
a. Preserve the rural transitional identity of the City of Eagle.
6.6 Land Use Implementation Strategies
1. Protect gravity flow irrigation systems including canals, laterals and ditches to
assure continued delivery of irrigation water to all land serviced by such
systems, to protect irrigation systems as a long range economical method for
water delivery and to coordinate surface water drainage to be compatible with
irrigation systems.
m. Protect farm- related uses and activities from land use conflicts or from
interference created by residential, commercial, or industrial development.
Promote the Idaho Right To Farm Act.
y. Require design treatments to provide compatibility of new development with
existing development by considering such issues as building orientation,
increased setbacks, height limitations, size restrictions, design requirements,
fencing, landscaping or other methods as determined through the development
review process.
z. Subject all commercial and subdivision development within the City to
Design Review.
• Chapter 8—Transportation
8.2.3 Minor Arterial
Mobility Function:
The primary function of a minor arterial is to carry through traffic by connecting with and
augmenting the principal arterial system. A minor arterial may serve motorized and
non-motorized transportation needs, be designed with the minimum street section needed
to accommodate projected traffic volume, and in conformance with the Long Range
Transportation Plan of COMPASS. On-street parking is prohibited.
Access Function:
Access to other roadways is less restrictive than principal arterials. Direct lot access is
restricted, prohibited, or severely restricted. Combined access points are encouraged. The
City's Access Management Plan should be the final determination of any site access plan.
Right-of-Way:
As shall be determined by the Highway District having jurisdiction with recommendations
by the City and seriously considered by the Highway District.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
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THIS PROPOSAL:
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Minimum
District Height Side Side Lot Covered Area(Acres Or Lot
Sq. Ft.) G And Width I*
H*
R-2 35' 30' 30' 10' 20' 40% 17,000 75'
H. All lots with street side frontage, excluding lots within zoning districts A, A-R, R-E
and R-1, shall have a minimum lot area that is 10 percent larger than shown in
this table.
• Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements:
C. Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is
approved in writing by the city. Where trees are approved by the city to be removed
from the project site (or from abutting right of way) replacement with an acceptable
species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
6 1/4 inches to 12 inches 1.5x caliper of tree removed
12 1/4 inches or more lx caliper of tree removed
J. Buffer Areas/Common Lots:
4. Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified
as collectors, arterials, freeways, or expressways, to protect residential communities
from noisy, potentially dangerous, high speed roads. The "buffer area" shall be
defined as a common lot located between the residential lots within the subdivision
and the right of way line of the adjacent roadway. This buffer is required as part of
the common open space owned and maintained by a homeowners' association. Any
landscaping proposed to be within the public right of way shall not be included as a
part of the buffer area required below. The height for berming/fencing, as noted
below, shall be measured from the elevation of the final grade of the adjacent
roadway (measured at the centerline)to the top of the proposed berming/fencing. The
required buffer area width, plantings, and fencing are as follows:
b. Any road designated as a minor arterial on the 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
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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. Chain link, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-1-6: Rules and Definitions:
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which
normally includes streets,sidewalks and other public utilities or service areas.
• Eagle City Code Section 9-3-1: Minimum Standards 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 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:
C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new
subdivisions shall be such that said streets extend to the boundary line of the tract to make
provisions for the future extension of said streets into adjacent areas.
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet
(750') in length and shall terminate with an adequate circular turnaround having a
minimum radius of fifty feet (50') of right of way including a landscape island with a
minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be
provided between the landscape island and the outside edge of the street as measured from
the face of curb of the island to face of curb located on the outside edge of the street. One
traffic control sign stating that on street parking is prohibited within the turnaround shall
be installed at the entrance of the turnaround on the driver's side of the street. The
following exceptions may be considered by the council:
1. Alternative types of turnarounds for cul-de-sacs which will provide access to less than
thirteen (13) dwelling units may be permitted by the city if approved by the fire
department and the highway district having jurisdiction.
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• Eagle City Code Section 9-3-5: Lots:
Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height
and area regulations as set forth in section 8-2-4 of this code.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines, and
side lot lines. Total easement width shall not be less than twelve feet(12').
• Eagle City Code Section 9-3-8: Public Sites and Open Spaces:
Public sites and open spaces shall conform to the following standards:
B. Natural Features: Existing natural features which add value to residential development and
enhance the attractiveness of the community (such as trees, watercourses, historic spots
and similar irreplaceable assets) shall be preserved in the design of the subdivision.
• Eagle City Code Section 9-4-1-5: Streetlights:
All subdividers within the city limits and within the area of city impact shall be required to
install, at the subdividers' expense, streetlights in accordance with city specifications and
standards at locations designated by the "administrator" (as defined by section 9-1-6 of this
title, or his/her representative, hereinafter referred to as "administrator"). After installation and
acceptance by the administrator, the city shall have the right to pay the cost of maintenance
and power and assume ownership of the streetlights.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage non-motorized forms of travel,
and to provide safe, convenient and aesthetic alternative travel routes to common
destinations such as schools, parks, shopping centers, etc. The following factors will be
considered in the placement of any pathway: the utility and need for a given pathway,
impacts to existing neighborhoods, compliance with the transportation/pathway network
maps within the comprehensive plan, pathway design as it relates to both crime prevention
and function, and the responsibilities of ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways, (except in cases
where it is shown to be inappropriate), that provides access to adjacent:
d. Neighborhoods;
g. Transportation or other community facilities, and vacant parcels, held either
publicly or privately which could provide future neighborhood connection(s) to
the above noted sites; and
h. In similar cases where deemed appropriate.
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards should be followed:
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1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in
width. Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum eight feet (8') wide and shall be
located within a sixteen foot (16') wide pedestrian access easement, however, in an
area where low volume pedestrian traffic is anticipated, the council may consider a
reduction in pathway width to six feet(6'). Regional pathways such as the Boise River
greenbelt and pathways located adjacent to major roadways shall be a minimum ten
feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access
easement.
• Eagle City Code Section 9-4-1-7: Bicycle Pathways:
A bicycle pathway system shall be provided within all subdivisions as part of the public right
of way, within a common area, or separate easement, as may be specified by the city council.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 9-4-1-9: 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.
The city has adopted supplemental standards and regulations (titled "Pressure
Irrigation Standards", incorporated herein by reference and available at Eagle city hall)
pertaining to the design, construction and maintenance of pressurized irrigation
systems. Plans and documents reflecting the required standards and regulations shall
be submitted with the application for a preliminary plat.
The following design requirements and the requirements provided within the
supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation
system. These standards shall supplement all other regulations, and where at variance
with other laws, regulations, ordinances or resolutions, the more restrictive
requirements shall apply. The council may determine that revisions to the
supplemental standards are warranted and make such revisions by act of a resolution.
a. The pressurized irrigation system may have a backup connection to a potable
water system with the approval of the city, city engineer, and the potable water
purveyor, and the installation of a state approved reduced pressure backflow
prevention assembly or an air gap separating the irrigation system and the potable
water system. The operation, maintenance, associated costs, and annual inspection
of the backup connection and the backup system's reduced pressure backflow
prevention assembly shall be the responsibility of the entities as determined in
"Pressure Irrigation Standards" of this section. Individual backup connections to
individual lots by individual lot owners shall be prohibited with the exception of
the common area lots owned and maintained by the homeowners'association.
b. The pressurized irrigation system shall be designed by a licensed professional
engineer registered in the state of Idaho, and the construction plans for the system
shall be reviewed and approved by the city engineer.
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• 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. DISCUSSION:
• The Eagle Comprehensive Plan Land Use Map designates the property as "Residential
Two" with a density not to exceed two (2) units per acre. Currently, the approximate
20.47-acre parcel is being utilized as farm ground. The existing residence and accessory
buildings are located at the northeast portion of the property. With the development of this
site, the applicant proposes a forty (40) lot residential subdivision (33 buildable lots and 7
common lots). The applicant is proposing to remove all existing structures from the site,
which should be conditioned to be completed prior to the City Clerk signing the final plat.
A demolition permit should be required prior to the removal of the structures and the
proper approvals for the removal of the existing well and septic tank should be provided
prior to the submittal of the final plat.
• The two lots located within Tamara Place Subdivision adjacent to the site (at the east
property line) are 5.1 and 7.1 acres in size. The Lockey Subdivision preliminary plat date
stamped by the City on June 20, 2013, shows eight (8) lots bordering the aforementioned
two (2) lots. The eight (8) lots of the proposed subdivision range in size from 17,000
square feet to 17,042 square feet in size.
Policy 6.4, Land Use Goals within the Land Use chapter of the 2011 Eagle
Comprehensive Plan indicates that Eagle should preserve the rural transitional identity.
Policy 6.6, Land Use Implementation Strategies, describes that design treatments should
be utilized to provide compatibility of new development with existing development by
considering such issues as building orientation, increased setbacks, height limitations, size
restrictions, design requirements, fencing, landscaping, or other methods as determined
through the development review process. To provide for a transition from the larger lots
located within Tamara Place Subdivision to the east the applicant should provide a revised
preliminary plat showing five (5) lots adjacent to the eastern boundary with the minimum
lot size of each lot to be 30,000 square feet in size prior to submitting a design review
application. The applicant should also provide a landscape plan showing buffering to the
adjacent properties to the east and west to be reviewed and approved by the Design
Review Board prior to submitting a final plat application.
• The preliminary plat date stamped by the City on June 20, 2013, shows Hearthglow
Avenue providing an access point from Beacon Light Road approximately 164-feet east of
the western boundary (measured property boundary to the centerline of Hearthglow
Avenue). Beacon Light Road is designated as a Minor Arterial on the Ada County
Functional Street Classification Map. Hearthglow Avenue bisects the development and
provides two additional access points to the west located approximately 550-feet south of
Beacon Light (measured centerline of Beacon Light Road to the centerline of Glastonbury
Street) and 370-feet north of the southern boundary (measured property boundary to
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centerline of Wellhouse Street).
• The Eagle Sewer District provided correspondence date stamped by the City on June 27,
2013. A letter of approval shall be provided to the City from the Eagle Sewer District
approving the final construction plans prior to the City Clerk signing the final plat.
• The applicant should provide a Homeowner's Association for Lockey Subdivision for the
operation and maintenance of the common areas. The formalized agreement shall be
submitted at the time of application for final plat approval.
• The preliminary plat date stamped by the City on June 20, 2013, shows a street section for
all internal roadways with the sidewalks located outside of the public right of way. The
applicant should provide a copy of the public access easement granted for the sidewalks
located outside of the right of way prior to the City Clerk signing the final plat.
• The preliminary plat date stamped by the City on June 20, 2013, shows roadway cross
section details showing the sidewalks to be located within the required utility and drainage
easements adjacent to the street. Eagle City Code 9-3-6 requires that all utility easements
should be unobstructed. The applicant should provide a revised preliminary plat and
roadway cross section showing a minimum easement width of fifteen and a half (15.5')
feet with a minimum ten feet (10') of unobstructed easement width adjacent to the
sidewalk prior to submitting a final plat application.
• The preliminary plat date stamped by the City on June 20, 2013, does not show a roadway
cross section detail for Beacon Light Road. The City of Eagle Pathway Map shows a
proposed bike lane to be located on Beacon Light Road. The applicant should provide a
revised preliminary plat showing a roadway section with a bike lane located adjacent to
Beacon Light Road prior to submitting a design review application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the preliminary plat with
conditions as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 3, 2013, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by three (3) individuals who indicated they were opposed to the proposed rezone for the following
reasons:
• Felt the changes are significant from the original approval.
• Questions whether the property is annexed/rezoned (not shown on map) and why it was
not addressed in the public hearing.
• Beacon Light will not be widened by ACHD, and is concerned about traffic safety with
Beacon Light being the only access point. Questions how traffic will get from the
foothills to State Street.
• Feels that the surrounding property values will decline if 1 acre parcels are approved.
• Questions how the water in the proposed pond is going to be filled, and how mosquito
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abatement and the potential for West Nile will be addressed.
• All disagree with the city requiring bike lanes to be located adjacent to Beacon Light.
• The higher density is out of character for the surrounding areas.
• The stub street location is of concern.
C. Oral testimony in favor of the application was presented by no one (other than the
applicant/representative).
COMMISSIONS DECISION:
The Commission voted 3 to 0 (Aizpitarte absent, 1 vacant seat) to recommend approval of PP-08-
13 for a preliminary plat for Lockey Subdivision with the following staff recommended site
specific conditions of approval and standard conditions of approval with strikethrough text to be
deleted by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-06-07.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project,prior to the City Clerk signing the final plat.
4. Provide a revised Preliminary Plat identifying the phasing lines and timing for each of—the—three
phases.
5. Add a note to the final plat which states that, "Minimum building setback lines shall be in accordance
with the applicable zoning and subdivision regulations at the time of issuance of a building permit or
as specifically approved and/or required."
6. A letter of approval shall be provided to the City from the Eagle Sewer District approving the final
construction plans prior to submitting a final plat application.
7. Provide a landscape plan showing berming, fencing, and planting details within the required fifty foot
(50') wide buffer area along Beacon Light Road abutting this site for review and approval by the
Design Review Board prior to submitting a final plat application.
8. Provide a revised preliminary plat and roadway cross section showing a minimum easement width of
fifteen and a half(15.5') feet with a minimum ten feet (10') of unobstructed easement width adjacent
to the sidewalk prior to submitting a final plat application.
9. Provide a revised preliminary plat showing a roadway section with a bike lane located adjacent to
. - . .
10. The conditions, covenants, and restrictions for the Property shall contain at least the following:
(a) Provide that the association(s) shall have the duty to maintain and operate the
pressurized irrigation system and all of the common landscape areas in the subdivision
in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity.
(b) An operations and maintenance manual for the irrigation system requiring the joint
water association(s) shall have the duty to maintain and operate the pump providing
water to the system including the funding mechanism for the repair and replacement
of the pump.
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11. Provide an agreement to operate and maintain the pressurized irrigation system. The agreement shall
be submitted at the time of application for final plat approval.
12. Provide an agreement for a Homeowner's Association for Lockey Subdivision for the operation and
maintenance of the common areas. The formalized agreement shall be submitted at the time of
application for final plat approval.
13. The applicant shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed and required landscape berms,
landscaped islands, and all common areas throughout the development, 3) elevation plans for all
proposed common area structures and irrigation pump house (if proposed), 4) landscape screening
details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered
shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) design of ponds to be
constructed in reference to mosquito abatement. The design review application shall be reviewed and
approved by the Eagle Design Review Board and Eagle City Council prior to the submitting an
application for final plat approval.
14. The developer shall remove all structures (houses, barns, sheds, etc.) from the site prior to the City
Clerk signing the Final Plat. Demolition permits shall be obtained prior to the removal of said
structures and approval permits for the removal of the existing well and septic.
15. Provide documentation showing the proper approvals have been provided and the wells and septics
have been abandoned for the existing dwelling shown on the preliminary plat date stamped by the City
on June 20, 2013, prior to the City Clerk signing the final plat.
16. Provide a landscape plan showing landscape buffering to the adjacent properties to the east and west
to be reviewed and approved by the Design Review Board prior to submitting a final plat application.
17. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal by the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to
protect all trees that are to be preserved, prior to the commencement of any construction on the site.
(ECC 8-2A-7)
18. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot on the side lot lines, or as approved by the Design Review Board and within five-
feet (5') of the edge of the roadway. Prior to the City Clerk signing the final plat, the applicant shall
either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150%
of the cost of the installation of all landscape and irrigation improvements within landscape strips.
Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary
occupancy may be issued if weather does not permit landscaping. (ECC 8-2A-7[E] and ECC 8-2A-18)
19. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site, prior to the City Clerk signing the final plat.
20. Provide a copy of the public access easement granted to ACHD for the sidewalks located outside of
the right of way prior to the City Clerk signing the final plat.
21. The applicant shall place a note on the final plat that the pressurized irrigation system and all common
lots are to be owned and maintained by the Homeowner's Association.
22. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system and all common landscape areas in the subdivision are maintained in
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a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees in perpetuity.
23. Extend the landscaping within the buffer area along Beacon Light Road to within 9-feet from the edge
of pavement. The 9-feet between the landscaping and edge of pavement (along the entire frontage of
this site) shall be graveled as approved by ACHD. The gravel shoulder area shall be maintained and
kept free of weeds and debris.
24. The Lockey Subdivision shall remain under the control of one Homeowners Association.
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(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
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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.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
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approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities,the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable)prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
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force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
28. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council(ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit,Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
32. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
34. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet
above the ground)noticing the contractors to clean up daily,no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, June 10, 2013, in compliance with the application
submittal requirement of Eagle City Code. The application for this item was received by the City of
Eagle on June 20, 2013.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on August 19, 2013. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on August 17, 2013. Requests for agencies' reviews
were transmitted on June 26, 2013, in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code on August 23, 2013.
4. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
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(PP-08-13) 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. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle
City Code since the development is consistent with the Comprehensive Plan Land Use Map
designation of Residential Two (R-2-DA) and provides the required improvements for a
subdivision or as may be conditioned herein; and
b. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use
will not change the essential character of the same area and because this site will be designed
in accordance with the standards of Eagle City Code and the Eagle Architecture and Site
Design book(EASD); and
c. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is required to be reviewed and
approved by the Idaho transportation Department and the Ada County Highway District and
is subject to the conditions herein; and
d. While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval; and
e. 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;
f. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of approval as
set forth within the conditions of approval herein.
DATED this 16th day of September, 2013.
PLANNING AND ZONING COMMIS�iN
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a Coun ,, Idaho
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Davi •$ '
d Aizpitarte, Ch •. • '
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Sharon K. Bergmann,Eagle Cit Clerk '•,�'O�1DP.10••so,
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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