Findings - CC - 2014 - PP-14-13 - Overton Acres Subdivision/4.66 Acre/3145 S Locust Grove Rd BEFORE THE EAGLE CITY COUNCIIL
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT FOR )
OVERTON ACRES SUBDIVISION )
FOR WILLIAM & WANDA OVERTON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-14-13
The above-entitled preliminary plat came before the Eagle City Council for their action on February 25,
2014, 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:
William and Wanda Overton, represented by Jimmie Miller with John L. Scott Real
Estate, are requesting preliminary plat approval for Overton Acres Subdivision, a 6-lot (4-
residential, 2-common) residential subdivision. The 4.66-acre site is located on the west
side of South Locust Grove Road approximately 1,000 feet north of Chinden Boulevard at
3145 South Locust Grove Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, September 25, 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 December 4, 2013.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in the Valley Times in accordance for requirements of Title
67, Chapter 65, Idaho Code and the Eagle City Code on December 30, 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 December 26, 2013. Requests for agencies' reviews were
transmitted on December 13, 2013, in accordance with the requirements of the Eagle City
Code. The site was posted in accordance with the Eagle City Code on January 3, 2014.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on February 10, 2014. 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 February 5,
2014. The site was posted in accordance with the Eagle City Code on February 14, 2014.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 12, 2006, the Eagle City Council approved a rezone and preliminary plat
application for Overton Acres Subdivision(RZ-18-06/PP-17-06).
E. COMPANION APPLICATIONS: None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One R-1-DA(Residential up to
one unit per acre with a Residence with pasture
development agreement)
Proposed Residential One No Change Residential
North of site Residential One R-1 (Residential up to one Residential(Carlene Estates
unit per acre) Subdivision)
South of site Residential One R-1 (Residential up to one
unit per acre) Residential(Spyglass Subdivision)
East of site Residential One R-1-P(Residential up to one Residential (Banbury Subdivision)
unit per acre with a PUD)
West of site Residential One R-1 (Residential up to one
unit per acre) Residential(Spyglass Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site-4.66-acres
Total Number of Lots -6
Residential -4
Commercial -0
Industrial-0
Common -2
Total Number of Units -4
Single-family-4
Duplex -0
Multi-family-0
Total Acreage of Any Out-Parcels—0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.97-units per acre 1-unit per acre maximum
Minimum Lot Size 37,009-square feet 37,000-square feet
Minimum Lot Width 154-feet 100-feet
Minimum Street Frontage 126-feet 35-feet
Total Acreage of Common Area 0.31-acres 0-acres (minimum)
Percent of Site as Common Area 6.7% 0% (minimum)
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GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
As required by Eagle City Code Section 8-2A-7(J)(4)(a), the applicant proposes to
construct a thirty-five foot (35') wide buffer located adjacent to Locust Grove 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.
The preliminary plat date stamped by the City on December 4, 2013, shows a 35-foot wide
common lot located adjacent to South Locust Grove Road. South Locust Grove Road is
designated as a collector roadway. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(c), a
35-foot wide landscape strip is required adjacent to Locust Grove Road with a minimum
five foot high berm/wall combination with extensive landscaping to provide a buffer.
Open Space and Design:
The proposed development includes 0.31-acres (6.7%) of common area. The common area
consists of the required buffer area along Locust Grove Road and a .11- acre open space
area located along the south side of Tueller Court. The common area is a combination of
road buffer areas, and street landscape islands. The R-1 (Residential up to one unit per
acre)does not require a minimum amount of open space.
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:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no): No
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. Mature trees are located throughout the site and are to be saved
where possible.
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 preliminary plat, date stamped by the City on December 4, 2013, contains a typical
street section showing the streets within the development to be a 29-foot wide roadway
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section (within 42-feet of right-of-way), with six-feet (6') of the eight-foot (8') wide
planter strip located within the right-of-way. Each lane will be 14.5-feet wide (measured
centerline of roadway to back of curb).
Applicant's Justification for Private Streets (if proposed): None proposed.
Blocks Less Than 500': None
Cul-de-sac Design:
One(1)cul-de-sac is proposed for this site:
W. Tueller Court: 540-feet in length, 50-foot radius with a 20-foot wide island.
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting the 8-foot(8') wide
planter strips located outside of the proposed right-of-way on the north side of the interior
public roadway(Tueller Court).
An attached five-foot (5') wide concrete sidewalk is proposed abutting the site along
Locust Grove Road.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior public roadway(Tueller Court).
Curb and gutter is shown on the plat along Locust Grove Road; however, no typical street
section was provided, so it is unclear what is being proposed for the curb and gutter along
Locust Grove Road, which is classified as a collector roadway.
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 Names Committee shall be provided prior
to final plat approval
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE 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
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern -no
Evidence of Erosion -no
Fish Habitat-no
Floodplain -no
Mature Trees -yes—in proximity to existing house
Riparian Vegetation-no
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Steep Slopes -no
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 January 13, 2014, are of special
concern
Ada County Highway District
Boise River Flood Control District#10
Central District Health District
Eagle Fire District
Eagle Sewer District
Idaho Department of Lands
Idaho Transportation Department
Q. LETTERS FROM THE PUBLIC: None received.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is
proposing to construct the subdivision as a single phase.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Residential One
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 1 unit per 1 acre.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2A-7 (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
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6 1/4 inches to 12 inches 1.5x caliper of tree removed
12 1/4 inches or more lx caliper of tree removed
Removal of the following trees shall not require replacement: black locust, poplar,
cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak
wooded, weak branched, suckering, damaged, diseased, insect infested, or containing
similar maladies may be exempt from replacement if removal is first approved by the city.
In all cases, planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be
three(3)4-inch caliper trees or four(4) 3-inch caliper trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark, branches, or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in
accordance with subsection Cl of this section.
• Eagle City Code Section 8-2A-7 (J)(4)(a)
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle Comprehensive Plan:
A minimum of thirty five feet (35') 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: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent(50%) of the shade trees are substituted.
A minimum five foot(5')high, maximum eight foot(8')high,berm,decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-3-2-1(G)LOCATION AND DESIGN:
Cul-de-sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet
(750') in length and shall terminate with an adequate circular turnaround having a
minimum radius of fifty feet (50') of right of way including a landscape island with a
minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be
provided between the landscape island and the outside edge of the street as measured from
the face of curb of the island to the face of curb located on the outside edge of the street.
One traffic control sign stating that on street parking is prohibited within the turnaround
shall be installed at the entrance of the turnaround on the driver's side of the street.
• Eagle City Code Section 9-3-2-2(A)STREET WIDTHS
Street and road right of way widths, grade, alignment, and so forth, shall conform to the
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adopted major street plan or comprehensive plan and shall be approved by the highway
district and/or other agency having jurisdiction.
• Eagle City Code Section 9-3-6 (A)EASEMENTS:
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 (4)PUBLIC SITES AND OPEN SPACES
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.
• Eagle City Code Section 9-4-1-2 STREETS AND ALLEYS:
All public streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County highway district or the Idaho Transportation
Department, whichever the case may be.
• Eagle City Code Section 9-4-1-3(A)CURBS AND GUTTERS:
Generally:
1. Vertical curbs and gutters shall be constructed on collector and arterial streets.
2. Rolled curbs and gutters shall be required on minor streets.
3. All construction shall be in accordance with the standards and specifications
adopted by the Ada County highway district.
• Eagle City Code Section 9-4-1-6(F)(4) PEDESTRIAN/BICYCLE PATHWAY AND
SIDEWALK REGULATIONS:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the
street; except, that where the average width of lots, as measured at the street
frontage line or at the building setback line, is over one hundred feet (100'),
sidewalks on only one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with
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the standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of
curb by a minimum eight foot(8') wide landscape strip. The landscape strip shall
be completed with sod, automatic irrigation, and planted with three(3") minimum
caliper shade class trees along all streets within the subdivision. Installation of
landscaping shall be in accordance with section 8-2A-7 of this code.
4. Trees shall be placed at the front of each lot generally located on each side lot
line. Minor variations to the location of a tree may be considered by the design
review board during the review of the subdivision landscape plan.
5. If sidewalk is required on one side of each street only (as provided for in
subsection F1 of this section), then the trees on the side of the street with no
sidewalk shall be placed within five feet(5') of the edge of roadway.
• 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:
A. Construction; Extension: All public water supply or sewer systems (serving 2 or
more separate premises or households) shall be constructed in accordance with
any adopted local plans and specifications. All new public water supply or sewer
systems shall be an extension of an existing public system whenever possible. In
the event that the proposed public water supply or sewer system is not an
extension of an existing public system, there shall be a showing by the subdivider
that the extension is not feasible and not in the best interest of the public.
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.
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.
2. The requirement for installation of a pressurized irrigation system may be
waived by the city council when the applicant has established that any of the
following situations exist (the sale or transfer of an existing water right shall
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not be grounds for requesting a waiver pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the
property. The lack of surface water right shall be documented in writing
by the appropriate irrigation district or canal company and the department
of water resources and shall be submitted with the subdivision
preliminary plat. In this case a waiver shall only be granted for that
portion of the subdivision that cannot be served.
b. Where an existing surface water right cannot be delivered to the property
by an irrigation district or canal company due to current delivery capacity
or scheduling. In these situations the city council may still require the
installation of the pressure irrigation system, provided water rights can be
made available to the property and delivery system modifications can be
made so irrigation water can be supplied within two(2)years.
c. Where the applicant has provided for another means of delivery such as
flood irrigation, if approved by the city engineer. The applicant shall
present the proposed alternative delivery system to the city engineer at the
time the waiver is requested.
d. That due to the specific circumstances surrounding a new subdivision, the
cost of obtaining water rights, reestablishing water rights or developing
the system would impose and undue economic hardship on the developer.
For purposes of their section, an undue economic hardship shall consist
of showing that the cost per lot to develop the pressurized irrigation
system would be twenty five percent(25%)higher than the cost per lot for
providing a pressurized irrigation system to subdivisions of similar size
and density constructed in the city within the previous two (2) years; or
the cost per lot of the pressurized irrigation system would exceed five
percent(5%) of the expected per lot market value of the subdivision.
The developer shall bear the burden of providing documentation
acceptable to the city engineer and city council, demonstrating and
supporting the estimated costs of construction of the pressurized irrigation
system, and the cost per lot for irrigation systems in those subdivisions
built in the last two (2) years as noted above, and the expected market
value of the subdivision lots.
3. Should installation of a pressurized irrigation system be waived by the
city engineer, as outlined herein, compliance to Idaho Code 31-3805 is
still required.
4. Requests for waivers shall be submitted to the city with the preliminary
plat application and shall be accompanied by an irrigation report,
prepared by a licensed Idaho registered professional engineer, stating the
location and availability of surface irrigation water and documenting the
basis for the waiver request. If applicable, the irrigation report shall be
accompanied by a letter from the irrigation district or canal company
stating that water rights and/or a delivery system are not available.
• Eagle City Code Section 9-4-1-10 (A) STORM DRAINAGE;FLOOD CONTROLS:
Adequate Storm Drainage System: An adequate storm drainage system to accommodate
storm water runoff from the public rights of way shall be required in all subdivisions. The
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requirements for each particular subdivision shall be established by the Ada County
highway district and/or the Idaho transportation department, and construction shall follow
the specifications and procedures established by said Ada County highway district or
Idaho transportation department.
• 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 One"
with a density not to exceed 1 unit per acre. The overall density of the proposed Overton Acres
Subdivision development is .97-units per acre.
• There are several discrepancies between the information provided within the preliminary plat
application and the preliminary plat itself. In order to avoid confusion, staff recommends
identifying site specific conditions of approval even though they may be shown on the
preliminary plat. The items in question are identified below:
o The application identifies the proposed cul-de-sac with a radius of 45-feet; however
the plat shows a radius of 50-feet. Per Eagle City Code 9-3-2-1(G), the applicant
should be required to provide a cul-de-sac 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 should be provided between the landscape
island and the outside edge of the street as measured from the face of curb of the
island to the face of curb located on the outside edge of the street.
o The application identifies attached sidewalk on the internal roadway; however the plat
shows detached sidewalk on the internal roadway (Tueller Court). The applicant
should be required to construct detached sidewalk along Tueller Court. Per Eagle City
Code 9-4-1-6(F)(4), sidewalks, a minimum five feet (5') wide, should be required on
the north side of the street, and should be separated from the edge of the abutting
roadway and/or back of curb by a minimum eight foot(8')wide landscape strip.
• The applicant proposes one access point from South Locust Grove Road for the development.
South Locust Grove Road is designated as an Urban Collector on the Ada County Functional
Street Classification Map. The applicant has proposed a 35-foot wide common lot adjacent to
Locust Grove Road for the construction of a buffer area, which is consistent with Eagle City
Code Section 8-2A-7 (J)(4)(a) that requires the installation of a buffer that is a minimum of
35-foot wide abutting the road right-of-way. The applicant should be required to submit a
design review application for the buffer area to be reviewed and approved by the design
review board prior to submittal of a final plat application.
• Although Eagle City Code does not require subdivisions with an R-1 zoning designation to
provide a minimum amount of open space, the proposed development includes 0.31-acres
(6.7%) of the site as common area open space. This includes the landscape island within the
cul-de-sac, the landscape area located on the south side of the proposed roadway, and the
landscape buffer adjacent to South Locust Grove Road. The applicant should be required to
submit a design review application for all open space to be reviewed and approved by the
design review board prior to submittal of a final plat application.
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• The preliminary plat date stamped by the City on December 4, 2013, shows a five foot (5')
wide sidewalk attached to the back of curb adjacent to South Locust Grove Road. Pursuant to
Eagle City Code, all sidewalks are required to be separated from the back of curb by an eight
foot (8') wide landscape strip. This site has a frontage of approximately three hundred (300)
linear feet and is the only section of South Locust Grove Road north of Chinden Boulevard
that would have a separated sidewalk. Staff recommends that the applicant be permitted to
construct an attached five foot (5') wide sidewalk to be located adjacent to South Locust
Grove Road, as proposed.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the preliminary plat with the
site specific and standard conditions of approval 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
January 21, 2014, 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 one (1) individual voiced concerns related to street drainage retention on site and
along Locust Grove, whether sewer will be required to be stubbed to the adjacent property to the
west that is currently being served by a septic system, whether headlights shining into adjacent
properties had been addressed, whether a berm was going to be required within the 10-foot wide
landscape buffer along the south side of the internal roadway, and requested clarification on what
type of irrigation system was going to be provided with the development.
C. Oral testimony in favor of the application was presented by no one (other than the
applicant/representative).
COMMISSION DELIBERATION:
The Commissioners primarily discussed ACHD's response to this subdivision - wherein they
asked for the proposed public street (cul-de-sac) to instead become a private street. The
Commissioners discussed that Eagle City Code does not allow a private street in a non-PUD
development (such as this one) and the fact that the applicant has not requested a private street.
With that, the Commission felt that they could support a private street if it were requested by the
applicant. The Commission recognized that the final decision will be made by the City Council on
whether or not a private street is allowed.
COMMISSION DECISION:
The Commission voted 4 to 0 (Smith absent) to recommend approval of PP-14-13 for a
preliminary plat for Overton Acres Subdivision with the site specific conditions of approval and
standard conditions of approval as provided within their findings of fact and conclusions of law
document dated February 3, 2014.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 25, 2014, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the application was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by one (1) individual
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who voiced concerns related to the proposed open irrigation ditch and requested that pressurized
irrigation be required consistent with adjacent properties.
COUNCIL DECISION:
The Council voted 3 to 0 (McFarland absent) to approve PP-14-13 for a preliminary plat for
Overton Acres Subdivision with the following Planning and Zoning Commission recommended
site specific conditions of approval and standard conditions of approval with underline text to be
added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for the rezone application RZ-18-06.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all outstanding engineering fees and legal fees
incurred for reviewing this project, prior to the City Clerk signing the final plat.
4. The applicant shall provide a revised preliminary plat identifying the common lot "blocks" within the
subdivision in the plat notes. The revised preliminary plat shall be provided prior to submittal of a
final plat application. (ECC 9-2-3 [C][1]).
5. The applicant shall be required to provide a cul-de-sac 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 should be provided between the landscape island and the outside edge of
the street as measured from the face of curb of the island to the face of curb located on the outside
edge of the street. (ECC 9-3-1-2[G]).
6. The applicant shall be required to construct a five foot (5') wide detached sidewalk along the north
side of Tueller Court separated from the edge of the abutting roadway and/or back of curb by a
minimum eight foot(8')wide landscape strip. (ECC 9-4-1-6 [F][4]).
7. Provide a revised preliminary plat showing the roadway section for South Locust Grove Road prior to
submittal of a final plat application.
8. Provide a revised preliminary plat showing all utility poles providing service to the existing structures
on the site to be removed, prior to submittal of a design review application. All utility service lines
serving existing structures shall be placed underground prior to the issuance of any building permits
for the site. (ECC 9-4-1-8).
9. Provide a landscape plan showing berming, fencing, and planting details within the required 35-foot
wide buffer area along South Locust Grove Road abutting this site for review and approval by the
Design Review Board prior to the submittal of a final plat application.
10. The applicant shall submit a design review application and landscape plan showing trees, landscaping,
berming, proposed signage, and planting details within the required buffer area along South Locust
Grove Road abutting this site and any proposed signage and fencing for review and approval by the
Design Review Board prior to the submittal of a final plat application.
11. The applicant shall submit a design review application showing: 1) proposed subdivision signage, 2)
planting details within the proposed and required landscape islands and knuckles and all common
areas throughout the subdivision 3) building elevations for all proposed common area structures and
irrigation pump house 4) landscape screening details of the irrigation pump house, 5) proposed style
of fencing. The design review application shall be reviewed and approved by the Design Review
Board prior to the submittal of a final plat application. (ECC 8-2A-1).
12. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
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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 the 8-foot wide landscape strip between the 5-foot wide concrete sidewalk
and the curb, and within the common lot on the south side of the internal 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. 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.
13. 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 application. The applicant shall have an on-site meeting with the City Staff to survey all existing
trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Staff's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
14. Construct a minimum five foot (5') wide attached concrete sidewalk along South Locust Grove Road
abutting this site.
15. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting this site prior to approval of a final plat application. (ECC 9-4-1-2).
16. 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.
17. The applicant shall provide a revised preliminary plat that includes a plat note that states that
"Vehicular access to lots along South Locust Grove Road is prohibited unless specifically allowed by
the Ada County Highway District and the City of Eagle." The revised preliminary plat shall be
provided prior to submittal of a final plat application. (ECC 9-4-1-2).
18. The Overton Acres Subdivision shall remain under the control of one Homeowners Association.
19. The applicant shall place a note on the final plat that the irrigation system and all common lots are to
be owned and maintained by the Overton Acres Homeowner's Association.
20. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the 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.
21. The applicant shall record the subdivision CC&R's in the office of the Ada County Recorder prior to
the sale of the first lot. The applicant shall provide the City a copy of the recorded CC&R's prior to the
issuance of any building permits.
22. The applicant shall construct the internal roadway(Tueller Court) as a public road.
23. The applicant's engineer shall work towards providing an enclosed pressurized irrigation system. If
that is unfeasible, evidence of that shall be provided to the City Council upon submittal of the final
plat. At that point, the City Council may allow an open irrigation system, as allowed per Eagle City
Code 9-4-1-9(C).
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
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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. Idaho Department of Health &Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat.
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
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, 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
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ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
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structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities,the covenants and restrictions,homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable)prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
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Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council(ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit,Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet
above the ground)noticing the contractors to clean up daily,no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on site at 6:00 PM, September 25, 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 December 4, 2013.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in the Valley Times in accordance for requirements of Title 67, Chapter 65, Idaho Code and
the Eagle City Code on December 30, 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 December 26, 2013.
Requests for agencies' reviews were transmitted on December 13, 2013, in accordance with the
requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on
January 3, 2014.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on February 10,
2014. 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 February 5, 2014. The site was posted in accordance with the Eagle City
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Code on February 14, 2014.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-14-
13) and based upon the information provided concludes that the proposed development is in
accordance with the City of Eagle Title 9 (Subdivisions)because:
a. The subdivision will be harmonious with and in accordance with the general objectives of
Title 9 of the Eagle City Code since the development is consistent with the Comprehensive
Plan Land Use Map designation of Residential One, 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 are no known capital improvement, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
the 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 Council's
attention have been adequately addressed by the applicant or will be conditions of approval as
set forth within the conditions of approval herein.
DATED this 11th day of March, 2014.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaaho
James D. Reynold'
eynolds,- ay ••' .j OF ''•.
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+a` GovtPOR9,
ATTEST: : *
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Sharon K. Bergmann,Eagle Cit Clerk 4op
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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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