Findings - CC - 2013 - PP-07-13 - Collina Bello Subd/14 Lot/9.6 Acre/1400 W Floating Feather Rd BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT FOR )
COLLINA BELLO SUBDIVISION FOR )
PROVIDENCE PROPERTIES,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-07-13
The above-entitled Preliminary Plat application came before the Eagle Planning and Zoning Commission
for their action on October 8, 2013, 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:
Providence Properties, LLC, represented by Kevin McCarthy with KM Engineering, is
requesting preliminary plat approval for Collina Bello Subdivision, a 14-lot(11-buildable
3-common) residential subdivision. The 9.6-acre site is located on the north side of West
Floating Feather Road approximately 350-feet west of North Moon Bello Way on Lot 20,
Block 2, Corrente Bello Subdivision No. 1, at 1400 West Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the City of Eagle Public Library at 6:00 PM,
Monday, June 17, 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 16, 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 22, 2013.
Notice of Public Hearing on the application for the City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on September 23, 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 September 20,
2013. The site was posted in accordance with the Eagle City Code on September 25,2013.
D. HISTORY OF PREVIOUS ACTIONS:
On August 9, 2005, the Eagle City Council approved a rezone, conditional use permit,
preliminary development plan, and preliminary plat applications for Corrente Bello
Subdivision(RZ-07-05/CU-03-05/PPUD-02-05/PP-4-05).
On October 18,2005,the Eagle City Council approved a design review application for the
common area landscaping within Corrente Bello Planned Unit Development(DR-77-05).
On November 9, 2005,the Eagle City Council approved a design review application for
four monument signs within Corrente Bello Planned Unit Development(DR-73-05).
On March 14, 2006,the Eagle City Council approved the final development plan and final
plat for Corrente Bello Subdivision No. 1 (FPUD-10-05/FP-06-05).
On March 21, 2006,the Eagle City Council approved the final development plan and final
plat for Corrente Bello Subdivision No. 2 (FPUD-11-05/FP-07-05).
On October 18, 2005,the Eagle City Council approved a design review application for the
common area landscaping within Corrente Bello Planned Unit Subdivision(DR-77-05).
On May 9,2006,the Eagle City Council approved a design review application to modify
the Common Area Landscaping within Corrente Bello Planned Unit Subdivision(DR-25-
06).
On May 13, 2008, the Eagle City Council approved a modification to the design review
application for the common area landscaping within Corrente Bello Planned Unit
Development(DR-77-05 MOD).
On October 27, 2009, the Eagle City Council approved a modification to the design
review application for the common area landscaping within Corrente Bello Planned Unit
Development(DR-77-05 MOD2).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional R-2-DA-P(Residential up to two units per Residential subdivision
Residential acre with a development agreement—PUD) (Lot 20,Block 2 Corrente
Bello Subdivision No. 2)
Proposed No change No change Residential subdivision
North of site Transitional R-2-DA-P (Residential up to two units per Residential subdivision
Residential acre with a development agreement—PUD) (Corrente Bello No. 2)
South of site Transitional R-1-DA (Residential up to one unit per acre Residential subdivision
Residential with a development agreement) (Covenant Hill)
East of site Transitional R-2-DA-P (Residential up to two units per Residential subdivision
Residential acre with a development agreement—PUD) (Corrente Bello No. 2)
West of site Transitional R-2-DA-P(Residential up to two units per Residential subdivision
Residential acre with a development agreement—PUD) (Corrente Bello No. 2)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site—9.6-acres
Total Number of Lots— 14
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Residential— 11
Commercial—0
Industrial—0
Common—3
Total Number of Units— 11
Single-family— 11
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.1-dwelling units per acre Less than three(3)units per
acre.
Minimum Lot Size 11,250-square feet 10,000-square feet(minimum)
Minimum Lot Width 90-feet 75-feet
Minimum Street Frontage 50-feet 35-feet
Total Acreage of Common Area 1.7-acres 1.73-acres
Percent of Site as Common Area 17.7% 18%(minimum)
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The applicant will be required to berm the area located adjacent to West Floating Feather
Road at the location where the driveway serving the existing residential dwelling provides
access to West Floating Feather 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 application.
Open Space:
The applicant will be required to provide a minimum of 18% open space. The applicant is
proposing the open space areas that will provide a combination of finished landscaping and
native vegetation. The large open space area will also include seating areas and a gathering
area, such as a gazebo or picnic area. The applicant is proposing five-foot(5') wide sidewalks
to be located within the common areas.
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 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.
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Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System: Yes
The existing home is currently served by a septic system.
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:
Private or Public Streets:
The applicant is proposing to construct public streets in the development. The typical street
section provided shows a 58-foot wide right-of-way consisting of two (2) 18-foot wide travel
lanes, with two (2) eight-foot (8') wide landscape areas, and two (2) two-foot (2') wide
easements located on each side of the street within the right-of-way.
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500':None
Cul-de-sac Design:No cul-de-sacs are proposed
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips
located on both sides of all interior public roadways.
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 names approved by the Ada County Street Name Committee are shown on the attached
correspondence from that committee.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments 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.
L. PUBLIC USES PROPOSED:None proposed
M PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
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N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes—in proximity to existing driveway and existing house
Riparian Vegetation—no
Steep Slopes —yes — located at the northwest area of the site and will be unaffected by the proposed
development.
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
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 July 18, 2013, are of special concern
(attached to the staff report).
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Farmers Union Ditch Company(Jerry Kiser)
Idaho Department of Lands
Idaho Transportation Department
Q. LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Residential Transition
Residential development that provides for a transition of density within the planning area while
keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly
requires changes in lot dimensions and scaling, see specific planning area text for a complete
description.
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-1-2: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot(except for the portion of the 8 foot
wide landscape strip located adjacent to and within the public right of way of a local street),
substantially open to the sky, exclusive of streets, commercial and residential buildings,and
shall be designated and intended as a usable and convenient amenity for the residences of any
proposed development.
• Eagle City Code, Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
I. Lot width shall be determined as follows: The distance between side lot lines measured at a
point midway between the front and rear lot lines. Minimum lot frontage, the portion of a lot
front adjacent to a public or private street,for all residential zoning districts shall be 35 feet.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 9-1-6: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot
wide landscape strip located adjacent to and within the public right of way of a local street)
substantially open to the sky, exclusive of streets, commercial and residential buildings, and
shall be designated and intended as a usable and convenient amenity for the residences of any
proposed development.
EASEMENT: A grant by a property owner to specific persons or to the public to use land for
specific purposes. Also, a right acquired by prescription.
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 9-2-3: Preliminary Plat:
C. Required Information And Data:
3. The following shall be submitted separately:
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 9-3-6: 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
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easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code, Section 9-3-8: Public Sites and Open Spaces:
D. Common Area Open Space: The minimum percentage of the gross area that must be set
aside for common area open space in new subdivisions shall be as follows:
Zoning District
,Open Space
R-2 18 percent
R-3 18 percent
R-4 18 percent
R-5 18 percent
MU(with residential uses) 18 percent
1. Active Open Space: A minimum of fifteen percent (15%) of the common area open
space shall be developed as active open space, as defined in section 9-1-6 of this title.
2. Compliance: All common area open space shall be evaluated for its compliance with
the following:
a. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting: Visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment.
4. Ownership And Management Of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open
space who is responsible for maintaining the open space and facilities located
thereon. If a homeowners' association is the owner, membership in the association
shall be mandatory and automatic for all homeowners of the subdivision and their
successors. If a homeowners' association is the owner, the homeowners'
association shall have lien authority to ensure the collection of dues from all
members. The responsibility for maintaining the open space and any facilities
located thereon shall be borne by the owner.
b. Management Plan: Applicant shall submit a plan for management of open space
and common facilities(plan)that:
(1) Allocates responsibility and guidelines for the maintenance and operation of
the open space and any facilities located thereon, including provisions for
ongoing maintenance and for long term capital improvements;
(2) Estimates the costs and staffing requirements needed for maintenance and
operation of, and insurance for, the open space and outlines the means by
which such funding will be obtained or provided;
(3) Provides that any changes to the plan be approved by the city council; and
(4) Provides for enforcement of the plan.
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• Eagle City Code, Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all
corner lots shall be an open fencing style such as wrought iron or other similar decorative
style, durable fencing material. Specific buffer area fences and decorative walls may be
allowed as otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted within the above
designated areas. A section within the subdivision CC&Rs shall be created for the
regulation of fences to this effect.
• Eagle City Code, Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways,the following minimum standards shall be followed:
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.
D. DISCUSSION:
• The Eagle Comprehensive Plan Land Use Map designates this property as Transitional
Residential with a density not to exceed three (3) units per acre. The applicant has submitted a
preliminary plat application for Collina Bello Subdivision, a re-subdivision of Lot 20,Block 2,
Corrente Bello Subdivision No. 1 and consists of 9.6-acres. The applicant is proposing a 14-lot
(11-buildalbe, 3-common) residential subdivision with a proposed density of 1.1-dwelling
units per acre. The proposed development provides building lots ranging in size from 196,461-
square feet (existing residential dwelling) to 11,250-square feet in size. The property is
currently zoned R-3-DA-P (Residential — up to three (3) units per acre with a development
agreement—PUD).
• Pursuant to Eagle City Code, Section 9-3-8, 18-percent open space based on the overall
acreage of the development is required for subdivisions located within an R-3 (Residential —
up to three (3) units per acre) zoning designation. The applicant is proposing a total of 1.71-
acres of common area which based on the total developable area of 9.6-acres, equates to 17.7-
percent open space. The applicant should provide a revised preliminary plat showing a
minimum of 18-percent open space. The revised preliminary plat should be provided prior to
submittal of a final plat application.
• The applicant provided an existing conditions map of the site, date stamped by the City on
June 20, 2013. The existing conditions map shows a power line centrally located on the
property traversing the property south to north from West Floating Feather Road to a well area
located at the southern elevation of the existing dwelling. The power line as delineated will
traverse Lot 3, Block 1, outside of the proposed easement area. The applicant should provide
clarification regarding the relocation of the existing power line centrally located on the
property. The clarification should be provided prior to the submittal of a final plat application.
• Plat note #1 on the preliminary plat, date stamped by the City on June 20, 2013, indicates that,
"A 12-foot joint utility trench easement will be provided along rights-of-way." Pursuant to
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Eagle City Code Section 9-3-6, utility and drainageway easements are required adjacent to
front, rear, and side lot lines. The applicant should provide a revised preliminary plat with plat
note #1 revised to read, "All residential lots shall have a 12-foot wide public utility, drainage,
and pressurized irrigation easement adjacent to all front lot lines." The applicant should
provide a revised preliminary plat prior to submittal of a final plat application.
• Plat note#2 on the preliminary plat, date stamped by the City on June 20, 2013, indicates that,
"A 6-foot joint utility trench easement will be provided along all interior and rear lot lines
and/or within shared accesses." The applicant should provide a revised preliminary plat with
plat note #2 revised to read, "All residential lots shall have a 6-foot wide public utility,
drainage, and pressurized irrigation easement adjacent to all side and rear lot lines." The
revised preliminary plat should be provided prior to submittal of a final plat application.
• The Corrente Bello Subdivision No.1 final plat(Instrument#106116287, Ada County records)
shows a 10-foot wide irrigation and drainage easement located on Lot 20, Block 6. The
easement is also delineated on the existing conditions map, date stamped by the City on June
20, 2013, as a gravity irrigation easement. The preliminary engineering plan, date stamped by
the City on June 20, 2013, shows a gravity irrigation line located within a gravity irrigation
easement on Lot 8, Block 1, however, it is located outside of the proposed easements, and
within the building envelope. The applicant should be required to relocate the gravity
irrigation line located on Lot 8, Block 1 and vacate the 10-foot wide irrigation and drainage
easement located on Lot 20, Block 6, Corrente Bello Subdivision No. 1,prior to submittal of a
final plat application.
• The preliminary plat, date stamped by the City on June 20, 2013, shows that Lot 11, Block 1,
has approximately 25-feet of street frontage. Pursuant to Eagle City Code, Section 8-2-4 (I),
the portion of a lot front adjacent to a public or private street, for all residential zoning districts
is 35-feet in width. The applicant should be required to provide a revised preliminary plat
showing Lot 11, Block 1, to have 35-feet of street frontage prior to submittal of a final plat
application.
• The preliminary engineering plan, date stamped by the City on June 20, 2013, shows a
pressurized irrigation and gravity irrigation lines traversing the lot outside of either a
delineated or described easement. The irrigation lines are located approximately 60-feet north
of the southernmost property line. The applicant should provide a revised preliminary plat
showing the pressurized irrigation line and gravity irrigation line located on Lot 11, Block 1,
to be located within an easement prior to submittal of a final plat application.
• The preliminary engineering plan, date stamped by the City on June 20, 2013, shows a
pressurized irrigation and gravity irrigation lines traversing the lot outside of either a
delineated or described easement. The irrigation lines are located approximately 60-feet north
of the southernmost property line. The applicant should provide a revised preliminary plat
showing the pressurized irrigation line and gravity irrigation line located on Lot 11, Block 1,
to be located within an easement prior to submittal of a final plat application.
• The preliminary engineering plan, date stamped by June 20, 2013, shows pressurized and
gravity irrigation lines located on the common lots outside of the easement area described on
the notes of the preliminary plat. The applicant should provide a revised preliminary plat with
a new plat note to read, "All common lots shall have a blanket public utilities, pressure
irrigation, and drainage easement." The revised preliminary plat should be provided prior to
submittal of a final plat application.
• The preliminary plat, date stamped by City on June 20, 2013, does not contain a plat note in
reference to building setbacks. The applicant should provide a revised preliminary plat with a
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new plat note to read, "Minimum building setbacks lines shall be in accordance with Eagle
City Code in effect at the time of building permit." The revised preliminary plat should be
provided prior to submittal of a final plat application.
• The preliminary engineering plan, date stamped by the City on June 20, 2013, delineates a
proposed 20-foot wide sewer easement located on Lots 9-11, Block 1. Staff contacted the
applicant's representative and it was indicated that the sewer line is not currently located on
the site. If it is determined that a sewer line providing service to the development is to be
located on Lot 10 and 11, Block 1, the applicant should provide a revised preliminary plat
showing a 20-foot wide sewer easement centered on the location of the sewer line and
dedicated to the Eagle Sewer District. The revised preliminary plat should be provided prior to
submittal of a final plat application.
• The preliminary plat, date stamped by the City on June 20, 2013, shows an open space
common lot (Lot 10, Blockl) with no frontage to a public street. The subject common lot is
only contiguous to Lots 9 and 11, Block 1, with no access provided from a public street,
sidewalk, pathway, or the other lots within the development. Pursuant to Eagle City Code
Sections 8-1-2 and 9-1-6, open space is defined as being designated and intended as unable
and convenient amenity for the residences of any proposed development. Since access is not
provided to the common lot the lot does not serve as a convenient amenity for the residences
of the development. The applicant should provide a revised preliminary plat showing Lot 10,
Block 1, with frontage to the proposed private street. The revised preliminary plat should be
provided prior to submittal of a final plat application.
• Note #6 of the preliminary engineering plan, date stamped by the City on June 20, 2013,
indicates that drainage from the public roads will be collected in storm drain catch basins and
routed to drainage facilities that will be located on common lots. Neither the preliminary
engineering plans or the preliminary plat, date stamped by the City on June 20, 2013, identify
any storm water facilities on the common lots. The applicant should provide revised
preliminary engineering plans identifying the location of proposed storm water facilities. The
revised preliminary engineering plans should be provided prior to submittal of a design review
application.
• The applicant is proposing to vacate the existing driveway access (located off-site) to West
Floating Feather Road a minor arterial. The previous developer and existing land owner were
permitted to maintain the access point to West Floating Feather Road although pursuant to
Eagle City Code a 50-foot wide landscape buffer area is required adjacent to a minor arterial.
The preliminary engineering plan, date stamped by the City on June 20, 2013, shows a
pathway providing access to the subdivision. The narrative provided by the applicant, date
stamped by the City on June 20, 2013, indicated that it is the intention of the applicant to
utilize the existing driveway as a construction entrance. The applicant should be required to
provide a schedule indicating the timing of the closure of the existing driveway providing
access to West Floating Feather Road. The applicant should also include information within
the design review application addressing the required landscaping associated with the off-site
driveway access closure. The design review application should be submitted prior to submittal
of the final plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested preliminary plat
with the site specific conditions of approval and standard conditions of approval as provided
within the staff report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
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 seven (7) individuals who indicated they were opposed to the proposed preliminary plat for the
following reasons:
• The lot sizes are a bit small especially if they want to be consistent with the architecture and
design of Corrente Bello Subdivision. They would like some height restrictions to preserve
views of the existing homes on the east and west boundaries of the property. Buffering is also
a concern that new residences will be constructed too closely existing wrought iron fencing.
The homeowners would prefer a cul-de-sac vs. the proposed hammerhead design. They are in
favor of the temporary entrance.
• A concern with the streets, and the length of the cul-de-sac and that is an issue, and states that
the staff report is inconsistent with City Code. The applicant should be told to revise their
plan to address the inconsistencies. Feels the hammerhead is not an adequate. The number of
lots should be 20 lots not 13 lots that are being considered, and feels that his error in lot
calculation affects the proposed cul-de-sac length. The average lot size is too small and it
should be revised to make it more consistent with existing lot size.
• Individual owns property on the west side of the proposed development and questions the set
back from the existing walking path, and how close the homes will be built. What type of
slope will result? He is concerned with the capacity of the current irrigation system to address
the needs of the additional lots. He would like a study done prior to action.
• Individual states that he is concerned with the preservation of property values. The allowance
of lots size averages of 11,000 square feet into a subdivision that averages 18, 000 there will
be a negative impact. Feels that the number of houses allowed should be revisited, and the
street configuration should be cleaned up.
• Individual states that the size of lots in the subdivision speak to the value of the subdivision.
Feels this will potentially devalue existing home values. Feels that if the density was reduced
to an R-2 it would address a lot of the cul-de-sac issues and be more in line with original
development of the surrounding properties.
C. Oral testimony in favor of the application was presented by no one.
COMMISSIONS DECISION:
The Commission voted 2 to 1 (Roehling against, Aizpitarte absent, 1 vacant seat) to recommend
approval of PP-07-13 for a preliminary plat for Collina Bello Subdivision with the following staff
recommended site specific conditions of approval and standard conditions of approval as provided
within their findings of fact and conclusions of law, dated September 16, 2013.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 8, 2013, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of this proposal was presented to the City Council by one (1) individual who
indicated that although there are concerns with providing water for the proposed irrigation system the
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development will be a welcome addition to the existing Corrente Bello Subdivision. The individual
also requested the applicant be required to abide by the CC&Rs associated with Corrente Bello
Subdivision.
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor nor in opposition to the application was presented by three (3)
individuals who requested the following:
• The homes to be constructed on the lots located adjacent to their properties are restricted to
single-story not to exceed 25-feet in height.
• The lot owners within the new subdivision are required to comply with the CC&Rs associated
with Corrente Bello Subdivision.
• Council considers reducing the proposed density of the development to allow the property
owners located to the west of the development to maintain their view of the foothills.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve Collina Bello Subdivision (PP-07-13) for Providence
Properties, LLC, with the following Planning and Zoning Commission recommended site specific
and standard conditions of approval with underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. 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.
3. Provide a revised preliminary plat with plat note#1 revised to read, "All residential lots shall have
a 12-foot wide public utility, drainage, and pressurized irrigation easement adjacent to all front lot
lines." The applicant shall provide a revised preliminary plat prior to submittal of a final plat
application.
4. Provide a revised preliminary plat with plat note #2 revised to read, "All residential lots shall have
a 6-foot wide public utility, drainage, and pressurized irrigation easement adjacent to all side and
rear lot lines." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
5. Provide a revised preliminary plat with a new plat note to read, "All common lots shall have a
blanket public utilities, pressure irrigation, and drainage easement." The revised preliminary plat
shall be provided prior to submittal of a final plat application.
6. Provide a revised preliminary plat with a new plat note to read, "Minimum building setbacks lines
shall be in accordance with Eagle City Code in effect at the time of building permit." The revised
preliminary plat shall be provided prior to submittal of a final plat application.
7. If it is determined that a sewer line providing service to the development is to be located on Lot 10
and 11, Block 1, the applicant shall provide a revised preliminary plat showing a 20-foot wide
sewer easement centered on the location of the sewer line and dedicated to the Eagle Sewer
District. The revised preliminary plat shall be provided prior to submittal of a final plat
application.
8. Provide a revised preliminary plat showing Lot 10, Block 1, with frontage to the proposed private
street. The revised preliminary plat shall be provided prior to submittal of a final plat application.
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9. Provide a revised preliminary plat showing a minimum of 18-percent open space. The revised
preliminary plat shall be provided prior to submittal of a final plat application.
10. Provide clarification regarding the relocation of the existing power line centrally located on the
property. The clarification shall be provided prior to the submittal of a final plat application.
11. The applicant shall be required to relocate the gravity irrigation line located on Lot 8, Block 1 and
vacate the 10-foot wide irrigation and drainage easement located on Lot 20, Block 6, Corrente
Bello Subdivision No. 1,prior to submittal of a final plat application.
12. Provide a revised preliminary plat showing Lot 11, Block 1, to have 35-feet of street frontage prior
to submittal of a final plat application.
13. Provide a revised preliminary plat showing the pressurized irrigation line and gravity irrigation line
located on Lot 11, Block 1, to be located within an easement prior to submittal of a final plat
application.
14. Provide revised preliminary engineering plans identifying the location of proposed storm water
facilities. The revised preliminary engineering plans shall be provided prior to submittal of a
design review application.
15. Provide a schedule indicating the timing of the closure of the existing driveway providing access
to West Floating Feather Road. The applicant shall also include information within the design
review application addressing the required landscaping associated with the off-site driveway
access closure. The design review application shall be submitted prior to submittal of the final plat
application.
16. 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 generally at each side property line, or as approved by the Design
Review Board. The trees shall be located in an 8-foot wide landscape strip between the 5-foot
wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant
shall either install the required trees, sod, and irrigation or provide the City with a letter of credit
for 150%of the cost of the installation of all landscape and irrigation improvements. Trees shall be
installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be
issued if weather does not permit landscaping.
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 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.
18. The Collina Bello Subdivision shall remain under the control of one Homeowners Association.
19. 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.
20. 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 a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity.
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21. In the event Collina Bello Subdivision is not annexed into the CC&Rs associated with Corrente
Bello Subdivision the applicant shall provide a provision within the Collina Bello Subdivision
CC&Rs that the homes to be constructed in Collina Bello Subdivision shall consist of a stucco
finish with tile roofs.
22. The homes to be constructed on Lots 6, 7, and 14 shall be single-story with a maximum height of
25-feet and the homes to be constructed on Lots 8 and 9 shall be single-story with a maximum
height of 25-feet unless the site is graded to be at the same level as the pathway located behind
those homes.
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
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developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and(3)satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
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
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areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities,the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
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
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comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
28. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council(ECC 9-6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3)prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
32. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
34. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground)noticing the contractors to clean up daily,no loud music,and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held in compliance with the application submittal requirement of Eagle
City Code at 6:00 PM, June 17, 2013. The preliminary plat applications for this item were 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
ordinances 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 16, 2013. The site was posted in accordance
with the Eagle City Code on August 22, 2013. Requests for agencies' reviews were transmitted on
June 26, 2013, in accordance with the requirements of the Eagle City Code.
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Notice of Public Hearing on the application for the City Council was published in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on September 23, 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 September 20, 2013. The site was posted in accordance with the Eagle City Code on
September 25, 2013.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-07-
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. The requested preliminary plat complies with the approved zoning designation of R-3-DA
(Residential up to three(3)units per acre with a development agreement)
b. 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 Transitional Residential and provides the required improvements for a
subdivision or as may be conditioned herein; and
c. 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
d. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since there is currently a public street stubbed to
the subject property and 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
e. 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
f. That based upon agency verification and additional written comments of the Eagle Fire
District and Eagle Sewer District, as conditioned herein, there is adequate public financial
capability to support the proposed development;
g. That any health, safety and environmental problems that were brought to the Council's
attention have been adequately addressed by the applicant or will be conditions of the
preliminary plat and subsequent final plat approval as set forth within the conditions of
approval herein.
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DATED this 22nd day of October, 2013.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
es D. Reynolds,Ma r eV.P',•� ,
E •
AT BEST: �e V.P', e. %'
.0' i i rA` 0
,._ =/ _:d ._
aron K. :., P mann, Eagle City Clerk V 5�
' STA1e e%
Regulatory Taking Notice: Applicant has the right, purs 4ti t1`on
67-8003, Idaho Code, to request a
regulatory taking analysis
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