Findings - CC - 2015 - PP-11-05MOD2 - Mod To Pp For Henry's Fork Subd/126 Lot/95.32 Acre/Delete Stub Street/BridgBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE )
PRELIMINARY PLAT FOR HENRY'S )
FORK (AKA PARK PLACE GARDENS/ )
SHAUNNESY) SUBDIVISION FOR HENRY'S )
FORK, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP -11 -05 MOD 2
The above - entitled preliminary plat modification application came before the Eagle City Council for their
action on June 23, 2015. The 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:
Henry's Fork, LLC, represented by T. Hethe Clark with Spink Butler, LLP, is requesting a
modification to the preliminary plat for Henry's Fork Subdivision, a 126 -lot (112 - buildable, 14-
common) residential development. The applicant is requesting to delete the requirement to provide
a stub street (De Soto Ave.) and bridge across the Dry Creek Canal for access to the property to the
north of the development. The 95.32 —acre site is located between Meridian Road and Park Lane
approximately 1,300 feet north of Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on -site, Wednesday, May 6, 2015, at 6:00 PM, in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on May 20, 2015.
C. NOTICE OF PUBLIC HEARING:
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
June 8, 2015. 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 June 4, 2015. Requests for agencies' reviews were transmitted
on April 30, 2013 in accordance with the requirements of the Eagle City Code. The site was
posted in accordance with the Eagle City Code on June 7, 2015.
D. HISTORY OF PREVIOUS ACTIONS:
On February 21, 2006, the City Council approved an annexation and rezone from RUT (Rural -
Urban Transition -Ada County designation) to R -2 -DA (Residential two units per acre with a
development agreement) and preliminary plat for Park Place Gardens Subdivision for Park Place
Partners, LLC (A- 08- 05/RZ- 12- 05/PP- 11 -05).
On April 11, 2006, the Eagle City Council approved a design review application for the common
area landscaping and clubhouse within Park Place Gardens Subdivision (DR- 22 -06).
Page 1 of 14
KAPlanning DeptTlagle ApplicationASUBS\2005Tark Place Gardens MOD2 (aka Shaunnesy -Henrys Fork) cc£doc
On October 24, 2006, the City Council approved a final plat for Shaunessy Subdivision (formerly
Park Place Gardens) (FP- 03 -06).
On October 23, 2007, the Eagle City Council approved an extension of time for Shaunessy
Subdivision (formerly Park Place Gardens) to be valid until October 24, 2008 (EXT- 02 -07).
On October 14, 2008, the City Council approved an extension of time for sixty (60) days for
Shaunessy Subdivision (formerly Park Place Gardens) to allow the applicant to remove weeds
growing on the site. Upon the removal of the weeds the City Council granted an extension of time
for Shaunessy Subdivision (formerly Park Place Gardens) to be valid until October 24, 2009
(EXT- 14 -08).
On November 10, 2009, the City Council approved an extension of time for Shaunessy
Subdivision (formerly Park Place Gardens) to be valid until October 24, 2010 (EXT- 20 -09).
October 12, 2010, the City Council approved an extension of time of the final plat for Shaunessy
Subdivision (formerly Park Place Gardens) to be valid until October 24, 2011 (EXT- 08 -10).
On June 14, 2011, the City Council approved a design review application for the common area
landscaping, pool house, and pump house for Shaunessy Subdivision (DR- 04 -11).
On June 14, 2011, the City Council approved two (2) monuments signs for Shaunessy Subdivision
(DR- 05 -11).
On August 14, 2012, the City Council approved an extension of time of the preliminary plat for
Shaunessy Subdivision (formerly Park Place Gardens) to be valid until October 24, 2013 (EXT -
06-12).
On August 14, 2012, the City Council approved a final plat for Henry's Fork Subdivision No. 1 (a
portion of the former Shaunessy/Park Place Gardens Subdivision) (FP- 01 -12).
On February 20, 2013, the Henry's Fork Subdivision No. 1 final plat was recorded at the Ada
County Recorder's office.
On July 23, 2013, the City Council approved a preliminary plat modification for Henry's Fork (aka
Shaunessy/Park Place Gardens) Subdivision for Henry's Fork, LLC (PP -11 -05 MOD).
On December 19, 2013, the Henry's Fork Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On March 14, 2013, City Staff approved a design review application modifying the approved
fencing within Henry's Fork Subdivision (DR -04 -11 MOD).
On June 13, 2013, the Design Review Board approved a design review application to modify the
fencing within Henry's Fork Subdivision (DR -04 -11 MOD2).
On August 27, 2013, the City Council approved a final plat for Henry's Fork Subdivision No. 2 (a
portion of the former Shaunessey/Place Gardens Subdivision) (FP- 11 -13).
On September 12, 2013, the Design Review Board approved a modification to the pool house for
Henry's Fork Subdivision (PP -04 -13 MOD3).
On December 19, 2013, the Henry's Fork Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On May 22, 2014, the Design Review Board approved a design review application for the
common area landscaping within Henry's Fork Subdivision No. 3 & 4 (DR- 04- 1 1MOD4).
On November 10, 2014, the City Council approved a final plat for Henry's Fork Subdivision No. 3
(FP- 09 -14).
Page 2 of 14
K Tlanning Dept\Eagle ApplicationASUBM2005Tark Place Gardens MOD2 (aka Shaunnesy - Henrys Fork) ccf.doc
On May 12, 2015, the Henry's Fork Subdivision No. 3 final plat was recorded at the Ada County
Recorder's office.
E. COMPANION APPLICATIONS: A- 08- 05/RZ- 12- 05/PP -11 -05
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. SITE DATA:
Total Acreage of Site — 95.32 Acres
Total Number of Lots —126
Total Number of Units - 112
Residential —112
Common —14
Single - family - 112
Existing —1
Proposed — 112
Total Acreage of Any Out - Parcels — 0
Page 3 of 14
MPlanning DeptNEagle ApplicationASUBS\2005Tark Place Gardens MOD2 (aka Shaunnesy - Henry's Fork) ecf.doc
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Residential Two (up to 2
R -2 -DA (Residential 2- units/
Single Family, Residential
units per acre)
acre with a development
Development
agreement)
Proposed
No change
No change
No change
North of site
Residential Two (up to 2
R -E (Residential Estates 1-
Single family residential
units per acre)
unit/2 acres) R1 (Residential
subdivision- Varied lot
1 -unit per acre -Ada County
sizes
designation) RUT (Rural
Urban Transition -Ada County
Designation)
South of site
Residential Two (up to 2
R -E (Residential Estates 1-
Single family residential
units per acre)
unit/2 acres) R1 (Residential
subdivision- Varied lot
1 -unit per acre -Ada County
sizes
designation)
East of site
Residential Estates (up to
RUT (Rural Urban Transition-
Single family residential
1 units per 2 acres)
Ada Co. Designation) & PS
subdivision
(Public /Semipublic)
West of site
Residential Two (up to 2
R -E (Residential Estates 1-
Silver Creek Subdivision,
units per acre)
unit/2 acres)
Single Family residential
and pasture
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. SITE DATA:
Total Acreage of Site — 95.32 Acres
Total Number of Lots —126
Total Number of Units - 112
Residential —112
Common —14
Single - family - 112
Existing —1
Proposed — 112
Total Acreage of Any Out - Parcels — 0
Page 3 of 14
MPlanning DeptNEagle ApplicationASUBS\2005Tark Place Gardens MOD2 (aka Shaunnesy - Henry's Fork) ecf.doc
Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
1.17 -units /acre
2 -units /acre (maximum)
Minimum Lot Size
17,000 - square feet
17,000 - square feet
Minimum Lot Width
75 -feet
75 -feet (minimum)
Minimum Street Frontage
43 -feet
35 -feet (minimum)
Total Acreage of Common Lots
18.42 -acres
9.53 -acres (minimum)
Percent of Site as Common Area
19.3% (approximately)
10% (minimum)
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
One pool house and one pump house are proposed within this development. No changes are being
made to either of these structures. See DR -04 -11 MOD3 for the approved building elevations of
the pool house and pump house.
Open Space:
Will provide a total of 18.4 -acres of common area open space. 10% minimum required except that,
according to ECC Section 9 -3 -8 (C) the City may require additional public and/or private park or
open space facilities in PUDs or in subdivisions with 50 or more lots.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance has submitted street drainage plans.
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 may be required by the Eagle Fire District.
On -site Septic System (yes or no) - no
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Page 4 of 14
KAPlanning Dept\Eagle ApplicationASUBS OOMPark Place Gardens MOD2 (aka Shaunnesy- Henry's Fork) ccf.doc
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: Public
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': none
Cul -de -sac Design:
Two cul -de -sacs, which meet the design requirements of Eagle City Code and the Ada County
Highway District, are proposed.
Sidewalks:
Sidewalks, which meet the design requirements of Eagle City Code and the Ada County Highway
District, are proposed.
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 will be required to be reviewed and approved by the Ada County Street Name
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
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — no
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — no
Page 5 of 14
K:\Planning Dept\Eagle ApplicationASUBS\2005Park Place Gardens MOD2 (aka Shaunnesy - Henry's Fork) ccf:doc
Unique Plant Life — no
Unstable Soils — no
Wildlife Habitat — no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District: Letter dated May 28, 2013, states:
"ACRD staff is in support of the applicant's request to remove the stub street (DeSoto Way)
and the bridge across the Dry Creek Canal." ACHD staff has confirmed that their
recommendation remains unchanged since 2013.
Q. LETTERS FROM THE PUBLIC:
Lawrence W. Collins, date stamped by the City on June 10, 2015
Email received from Thomas Ricks, dated June 11, 2015
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: None
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
C. SUBDIVISION ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: None
D. DISCUSSION:
The applicant is requesting approval to delete the requirement to provide a stub street (De Soto
Ave.) and bridge across the Dry Creek Canal for access to the property to the north of the
development. The construction of the De Soto Avenue stub street requires a bridge crossing
over Dry Creek Canal. The applicant previously submitted a preliminary plat modification
(PP -11 -05 MOD) in which the applicant requested approval to delete the requirement to
provide the subject stub street and bridge. Pursuant to Condition #1 (PP -11 -05 MOD), the
City Council required the applicant to complete the stub street (De Soto Ave.) as shown on the
approved preliminary plat, date stamped by the City on January 6, 2006. On October 9, 2014,
Bryce Farris (Sawtooth Law), representing New Dry Creek Ditch Company "Ditch Company ",
provided correspondence indicating that the De Soto Avenue bridge across New Dry Creek
Ditch is no longer authorized and the Ditch Company has no intentions of approving a future
crossing at this location. The applicant is requesting to delete the requirement to provide a stub
street since the New Dry Creek Ditch Company will not allow a bridge crossing, therefore,
creating a Condition of Approval that cannot be completed.
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council on June 23, 2015, at time public
testimony was taken and the public hearing was closed. The Council made their decision at that time.
Page 6 of 14
KAPlanning Dept\Eagle ApplicationASUBS\200STark Place Gardens MOD2 (aka Shaunnesy - Henry's Fork) cef doc
B. Oral testimony in favor of this proposal 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 no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP -11 -05 MOD 2 for a preliminary plat modification for Henry's
Fork (aka Park Place Gardens /Shaunnesy) Subdivision for Henry's Fork, LLC, with the following site
specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ- 12 -05.
2. Comply with the requirements of the City Engineer.
3. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
4. Comply with the all conditions of ACRD.
5. The stub street DeSoto Ave. (as shown on the approved preliminary plat date stamped by the City on
January 6, 2006) is not required to be constructed.
6. The applicant shall place a note on the final plat that all common areas are to be owned and maintained
by the Park Place Gardens Homeowner's Association. The applicant shall provide a copy of the
CC &Rs (which include a similar statement regarding the common areas) for review and approval by
the City attorney prior to the approval of the final plat for phase one. The CC &Rs for the Park Place
Gardens Homeowner's Association shall provide that the association shall have the duty to maintain
and operate all of the common landscape areas in the subdivision in a competent and attractive
manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance
with Eagle City Code, in perpetuity.
7. The entire Park Place Gardens development shall remain under the control of one Homeowner's
Association.
8. As described in Exhibit "C" and the applicant's justification letter the homes should be designed in
compliance with the Craftsman, Prairie, and Tuscan themed architectural style. To assure compliance
with this condition, the applicant shall create an architectural control committee (ACC) as a component
of the subdivision CCR &S. Provisions regarding the creation and operating procedures of the ACC
shall be included in the CC &R's, and shall be reviewed and approved by the City attorney prior to the
approval of the final plat for phase one.
9. The submittal of the building permit application to the City for each home within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building permit
applications that do not have an approval letter attached will not be accepted.
10. To assure compliance with the Development Agreement and the conditions of approval herein, the
City reserves the right to deny, at its discretion, any building permit application that does not meet the
architectural requirements (as required in site specific condition of approval #7 above) of the
subdivision.
11. Provide plans showing street lighting details for review and approval by the Zoning Administrator with
the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky"
concept of lighting.
Page 7 of 14
KAPlanning Dept\Eagle ApplicationARMS\200STark Place Gardens MOD2 (aka Shaunnesy - Henry's Fork) oddoc
12. Provide a revised preliminary plat showing street names as approved by the Ada County Street
Naming Committee.
13. All utility poles providing service to the existing structures on the site shall be removed, prior to the
issuance of any building permits for the site. All utility service lines serving existing structures shall
be placed underground prior to the issuance of any building permits for the site.
14. All existing structures shall be removed from the site prior to the issuance of any building permits for
the site. Demolition permits shall be obtained prior to the removal of said structures.
15. 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) useable
amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or
similar amenities. The design review application shall be reviewed and approved by the Design
Review Board prior to the submittal of a final plat.
16. The developer shall provide 3 -inch minimum caliper shade -class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot on the side lot lines and within the center of an eight -feet
(8') planter strip or as otherwise approved by the Design Review Board. Prior to the City Clerk
signing the final plat, the applicant shall either install the required trees, sod, and irrigation or provide
the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation
improvements within the planter strips. Trees shall be installed prior to obtaining any occupancy
permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping.
17. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. 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 City Forester
and the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. The applicant shall have an on -site meeting with the City Forester to survey
all existing trees. Subsequent to the on -site meeting, construction fencing shall be installed (pursuant
to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement
of any construction on the site.
18. Provide a revised preliminary plat showing a cross section of the road, sidewalk, and streetscape within
the buffer areas along Meridian Road and Park Lane for review and approval by the Eagle Design
Review Board, prior to submittal of the final plat.
19. The applicant shall provide a license agreement from ACRD approving the landscaping located within
the public rights -of -way abutting and within this site prior to approval of a final plat.
20. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This Street is to be extended in the future ".
21. 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.
22. The applicant shall install at the entrances to Park Place Gardens Subdivision 4' x 4' plywood or other
hard surface signs (mounted on two 4 "x 4" posts with the bottom of the signs being a minimum of 3-
feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
Page 8 of 14
KAPlanning DeptWAgle ApplicationASUBS OORPark Place Gardens MOD2 (aka Shaunnesy- Henr/s Fork) ccf.doc
23. The following setbacks and lot coverage requirements shall apply to the development:
Modified Setbacks
Transitional Lots
1.44 Acres (62,726 sq ft)
Side
17,000 sq ft
yard
Street
Lot Type
Front
*
Side
Rear
Transitional
50 -ft
Lots
20 -ft
35 -ft
30 -ft
Standard Lots
30 -ft
10 -ft
20 -ft
30 -ft
*An additional 5 ft -per story for multi -story structure.
24. The minimum lot size for the development shall be as follows:
Lot Type Minimum Size
Transitional Lots
1.44 Acres (62,726 sq ft)
Standard Lots
17,000 sq ft
As identified in "Exhibit A" of the development agreement
25. Fencing for the development shall be as shown on Exhibit A attached to the City Council findings of
fact and conclusions of law document for PP -11 -05 MOD. The three rail vinyl fencing (labeled as a
black line and noted "Open Fencing by Developer" on Exhibit A) is the only approved open fence
style and shall be installed by the applicant in the locations as shown on Exhibit A prior to the City
Clerk signing the final plat for phase 2. The open fencing style for the lots identified with a red dot on
Exhibit A shall be the same three vinyl fence mentioned above, however, the builder or homeowner
may install the fence along the side lot lines on the lots identified with a red dot.
The 6 -foot high privacy fencing may be installed by the builder or homeowner of each individual lot.
26. The 6 -foot high privacy fencing may be installed by the builder or homeowner of each individual lot.
27. The proposed bridge crossing the New Dry Creek Ditch shall be limited to pedestrian and emergency
access only.
28. The applicant shall post signs at the access points from Henry's North 40 and Cavallo Estates stating
"CONSTRUCTION ACCESS PROHIBITED" prior signing the final plat.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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.
Page 9 of 14
KAPlanning Dept\Eagle ApplicationASUBS OOMPark Place Gardens MOD2 (aka Shaunnesy- Henry's Fork) ccf.doc
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 tile or other like
satisfactory underground conduit to permit the delivery of water to those landowners within the
subdivision who are also within the irrigation entity.
See Eagle City Code Section 9- 4- 1 -9(C), which provides overriding and additional specific criteria for
pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall be
approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to the City Engineer signing the final plat. A copy of the
construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat.
The CC &R's shall contain clauses to be reviewed and approved by the City Engineer and City
Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all
runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line
onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, 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 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
Page 10 of 14
KAPlanning DeptTagle ApplicationASUBM200MPark Place Gardens MOD2 (aka Shaunnesy - Henry's Fork) ccf doc
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 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.
Page 11 of 14
K:\Planning Dept\Eagle ApplicationASUBS\200SPark Place Gardens MOD2 (aka Shaunnesy- Henrys Fork) ccf doc
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 staff and the
City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines
shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of
the building permit or as specifically approved and/or required ".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the
City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive
Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All
design and construction shall be in accordance with all applicable City of Eagle Codes unless
specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest submits application to the City of Eagle for a
change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the construction of
or authorize the construction of any of the public improvements required by the Eagle City Code Title
9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9 -6 -5
(A) (2))•
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
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.
Page 12 of 14
K \Planning Dept\Eagle Applications \SUBS\2005\Park Place Gardens MOD2 (aka Shaunnesy- Henrys Fork) ccfdoc
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, Wednesday, May 6, 2015, at 6:00 PM, in compliance with
the application submittal requirement of Eagle City Code. The application for this item was received
by the City of Eagle on May 20, 2015.
2. 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 June 8, 2015.
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 June 4, 2015. Requests for agencies' reviews were transmitted on April 30, 2013 in
accordance with the requirements of the Eagle City Code. The site was posted in accordance with the
Eagle City Code on June 7, 2015.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat
modification (PP -11 -05 MOD 2) 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 modification complies with the density of the approved zoning
designation of R -2 -DA (Residential with a development agreement); and
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 and provides the required
improvements for a subdivision and those improvements will be in conformance with the
requirements of Title 9; 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, since the proposed residential use is in
accordance with the residential land use designation of this area shown within the Comprehensive
Plan; and
Page 13 of 14
KAPlanning Dept\Eagle Applications\SUBS\2005\Park Place Gardens M0132 (aka Shaunnesy- Henry's Fork) ccidoc
d. Will not create excessive additional requirements at public cost for facilities and services as the
site will be served by the Eagle Sewer District and will use public water to be served by the water
company having jurisdiction in that area. Fire protection will be available from the Eagle Fire
District and fire hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project was reviewed and approved by the Ada
County Highway District and they are supportive of removing the requirement to provide a stub
street (De Soto Ave.) and bridge across the Dry Creek Canal for access to the property to the north
of the development; and
f. This development is in continuity with the capital improvement program since the required public
improvements are required as conditioned herein, or are expected to be installed with the
development of individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle Fire
Department and the Ada County Highway District, or as conditioned herein, there is adequate
public financial capability to support the proposed development; and
h. 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 final plat approval as set
forth within the conditions of approval above.
DATED this 14th day of July 2015
CITY COUNCIL
OF THE CITY OF EAGLE
,' .•••••••.•,,�
.� OFF ••.,
�9CC,
Ada County, Idah
O Rq F
0IL j'
.G -
'
= s SEAL, # •
s,� ►
es D. Reynol yor
ATTEST:
,r9 •.•
.,�'y OF 1D�',;. `•••
baron K. Bergmann, Eagle City Cl *k
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
Page 14 of 14
K \Planning Dept\Eagle ApplicationASUBM200STark Place Gardens MOD2 (aka Shaunnesy - Henry's Fork) cef doc