Findings - CC - 2016 - PP/FP-02-16 - Featherglen Subd/7 Lot/0.88 Acre/135 W. Floating Feather Rd.13] 319[13 R 9 1
0 V DI ILK11 WrAMA W W D)
The above -entitled Combined Preliminary Plaffinal Plat application came before the Eagle City Councfil
for their action on July 26, 2016, at which time public testimony was taken and the public hearing wl,
closed. The Eagle City Council having heard and taken oral and written testimony, and having du
1
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Jayo Development, Inc., represented by Shawn Nickel with SLN Planning, is requesting combined
preliminary plat/final plat approval for Featherglen Subdivision, a 7 -lot residential subdivision (6 -
buildable, 1 -common). The 0.88 -acre site is located on the south side of West Floating Feather
Road at 135 West Floating Feather Road.
A41 1 101110, 1111116016 1 1
I M
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code May 16, 2016. 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 May 13, 2016. The site was posted in
accordance with the Eagle City Code May 27, 2016. Requests for agencies' reviews were
transmitted on March 14, 2016, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
*V&roi9vr4-wnd the Eagle CUP- Code on
June 27, 2016. 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 30, 2016. The site was posted in accordance with the
Eagle City Code on July 15, 2016.
Pagel of 22
K Thtming Dep(TmS4 ApplicitionSSUDSk2Dl6kFcAthwglen sub cerdoc
FPDP-03-16 - A floodplain development permit to allow for site development within the area of
special flood hazard.
RZ-08-15 MOD A development agreement modification request to address the side setbacks
associated with two-story structures and allow for the six (6) buildable lots to be accessed from a
shared common driveway.
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
K SITE DATA:
Total Acreage of Site - 0.88 -acres
Total Number of Lots - 7
Commercial -
s it
stril -Common - I
Total Number of Units - 6
Total Acreage of Any Out -Parcels - 0
Page 2 of 22
Ir TNOMAS DV.1T&0C Sub cerdoc
COMP PLAN
ZONING
DESIGNATION
DESIGNATION
Existing
MU -DA (Mixed Use with a
Vacant Parcel
development agreement in
lieu of a PUD)
Residential subdivision
North of site
Transitional
RUT (Rural -Urban Transition
Single-family residence and
Residential
_ Ada County designation)
agriculture ......................
South of site
Residential Four
R-4 (Residential)
Clear Creek Crossing
-------------- - --------------------------- —
Subdivision
----------
East of site
Mixed Use
MU -DA (Mixed Use with a
Dentist office
development agreement)
West of site
Residential Four
R-4 (Residential)
Clear Creek Crossing
Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
K SITE DATA:
Total Acreage of Site - 0.88 -acres
Total Number of Lots - 7
Commercial -
s it
stril -Common - I
Total Number of Units - 6
Total Acreage of Any Out -Parcels - 0
Page 2 of 22
Ir TNOMAS DV.1T&0C Sub cerdoc
ADDITIONAL SITE DATA
— --- -------------
0 W I'10 &LIRMI D1
Dwelling Units Per Gross Acre
6.8 -dwellings units per acre
6.8 -dwelling units per acre as
limited within the development
agreement
Minimum Lot Size
4,263 -square feet
4,263 -square feet (minimum) as
shown on the Concept Plan
contained within the development
agreement
Minimum Lot Width
38.3 -feet
50 -feet (minimum) as shown on
the Concept Plan contained within
the development agreement
Minimum Street Frontage
----------
38.3 -feet
35 -feet (minimum)
Total Acreage of Common Area
----------------------------- - -- - -- ---Jl
13,433 -square feet inclusive of
7,667 -square feet (minimum)
shared driveway (7,150 -square
feet)
35% (inclusive of shared
driveway area)
------------------------------ --
GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The northern property line is located adjacent to West Floating Feather Road is is classified as
a
for arterial. The site has an existing landscaped berm approximately 20 -feet in width located
adjacent to West Floating Feather Road.
Open Space:
A total of 13,433 -square feet (0.31 -acres), approximately 35% of open space is proposed within
the residential subdivision. The open space is inclusive of a shared common driveway area
consisting of 7,160 -square feet.
Storm Drainage and Flood Control:
to drainage construction plans were submitted with this application and are required to be
reviewed and approved by the City Engineer. Lots are required to be graded sothat all runoff runs
either over the curb, or to drainage easements, and that no no shall cross any lot line onto
another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Tea licnt is proposing the front and rear lot line easements to be 12 -feet in width. The side lot
line easements are proposed at 5 -feet in width to coincide with thea roved setbacks.
Page 3 of 22
K Tknning DcptTagle Applicat6oniOSUBS1-016%Feachuocn Sub =(doe
Fire Hydrants and WaterMains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or o) — No
Preservation of Existing Natural Features:
Eagle City Code Section -3- (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.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or development
of the site, any historical artifacts are discovered, state law requires immediate notification to the
state.
J. STREETDESIGN:
Private or Public Streets: Public
No new streets, street widening, or dedication of right-of-way to the Ada County Highway District
is proposed with this application.
Applicant's Justification for Private Streets (if proposed): None proposed.
Blocks Less Than 500': None.
Cul-de-sac Design: NIA
Sidewalks:
There is a seven -foot (7') wide attached sidewalk located adjacent to West Floating Feather Road.
The applicant is proposing an attached five-foot (5') wide sidewalk located adjacent to one (l) side
of the internal shared driveway.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards have been constructed
abutting the public street located adjacent to the site (West Floating FeatherRoad).
Lighting:
The applicant will be required to submit plans and details of any proposed street lighting to the
City for review and approval by the Design Review Board.
Street Names: No new streets are proposed with this application.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
See discussion under "Sidewalks" above.
Bike Paths: None proposed.
L. PUBLIC USES PROPOSED: None proposed.
M. LIC USES SHOWN ON FUTUREACQUISITIONS MAP: No map currently exists
Page 4 of 2
K Mann ag MptTagk AppVucationstSUBSi2O l6V-eatherglen Sub crf doc
Are of Critical Environmental Concern No
Evidence of Erosion — No
Fish Habitat —No
Floodplain — Yes — located within the Dry Creek Area of Special Flood Hazard (1% -chance
floodplain area)
Mature Trees — Yes — located on an existing be adjacent West Floating Feather Road. Also, the
eastern third of the property contains a landscaped berm area with several mature trees.
Riparian Vegetation —No
Steep Slopes — No
Stream/C reek — No
4nique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils —No
Wildlife Habitat —No
AGErJC'Tr 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:
Ada County Highway District
M Central District Health Department
Eagle Fire Department
Eagle Sewer District
Idaho Department of Environmental Quality
Idaho Transportation Department
Republic Services
I
A. COMPRE14ENSIVE PLAN PROVISIONS WFHCH ARE OF SPECIAL CONCERN
REGARDING TH[IS PROPOSAL:
*n April 14, 2015, the City Council approved a Comprehensive Map Amendment ftom
Residential Four to Mixed Use (CPA -04-14).
UTTIMM
Uft -7771- _NLY - If
frr_'A�ffr iffli"P011,V111 N dr, &
i' •pUses should complement uses within Downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or Development
Agreement process, see specific planning area text for a complete description. An allowable
lensity of up to 20 units per I acre.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
0 Eagle City Code, Section 8-2-1: Districts Established:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office, limited commercial, and residential. This district is intended to ensure compatibility of
Page 5 of 22
K %Planning DeplEagte ApplicaoiDns55UBSUOi6Wcathcfocti Sub cefdoc
new development with existing and future development. It is also intended to ensur�
assemblage of properties in a unified plan with coordinated and harmonious developmeril
which shall promote outstanding design without unsightly and unsafe strip commercial
development. Uses should complement the uses allowed within the CBD zoning district. All
development requiring a conditional use permit in the MU zoning district, as shown in section
8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in
accordance with chapter 6 or 10 of this title unless the proposed development does not meel-
the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperativ,1.
development, in conjunction with adjacent parcels (to meet the minimum area requirements),
shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed
use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter.
Residential densities shall not exceed twenty (20) dwelling units per gross acre. When '?
property is being proposed for rezone to the MU zoning district, a development agreemen!
may be utilized in lieu of the PUD and/or conditional use process if approved by the city
council, provided the development agreement includes conditions of development that aup
required during the PUD and conditional use process.
4. Major Roadways: New residential developments, including, but not limited to, subdivisio
and multi -family developments, shall be buffered from streets classified as collecto
arterials, freeways, or expressways, to protect residential communities from nois
potentially dangerous, high speed roads. The "buffer area" shall be defined as a comm
lot located between the residential lots within the subdivision and the right of way line
the adjacent roadway. This buffer is required as part of the common area open spa
owned and maintained by a homeowners' association. Any landscaping proposed to
within the public right of way shall not be included as a part of the buffer area requir
below. The height for berming/fencing, as noted below, shall be measured from t
elevation of the final grade of the adjacent roadway (measured at the centerline) to the t
of the proposed berming/fencing. The required buffer area width, plantings, and fenci
are as follows:
bAny road designated as a minor arterial on the transportation and pathway network
plan in the Eagle Comprehensive Plan:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way:
five (5) shade trees, eight (8) evergreen trees, three (3) floweringtornamental trees,
and twenty four (24) shrubs. Each required shade tree may be substituted with two (2)
floweringlornamental trees, provided that not more than fifty percent (50%) of the
*ade trees are substi'med.
A minimum five foot (Y) 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 (Y) horizontal distance to one foot (F) vertical distance. If
n,A�*rMYAA&c!_iwaIL cultured stone decorative rock or similarl-, 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.
'LAP
re-TITIff"M
Page 6 of 22
K Tlanning DepaTASIC Appt;c4lions\SLMS'2Ol6WutheTglen Sub radim
I . Project Conditions: It is not the intent of these landscape requirements to inhibili
creative solutions to land use problems. Under certain site conditions, a stric!
interpretation of requirements may be either physically impossible or impractical.
Alternative compliance is a procedure that allows certain modifications to existim�
regulations within this section. Requests for use of alternative landscaping schemes
aTejustified only when one or more of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance
is impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than
can be provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city
with a written request if an alternative method of compliance is proposed. The request
shall state which requirement as set forth within this section is to be modified, what
project conditions stated within subsection 01 of this section justify using the
proposed alternative, and how the proposed alternative equals or exceeds said
requirement.
Tree Fund: Persons applying for an alternative method of compliance for relief from
regulations that require all existing trees to remain on site may elect to make a
financial contribution to the Eagle city tree fund in lieu of retaining all trees on site.
The condition(s) which warrants the need for the tree fund altemate method of
compliance shall be specified in the application submitted under subsection 02 of this
section. If the application is approved, the amount to be contributed by the applicant
will be based upon the total caliper inches of deciduous tree(s) removed from the site
and the total vertical feet of coniferous trees removed from the site. Cost per caliper
inch for deciduous trees and cost per vertical foot for coniferous trees shall be
determined by resolution of the city council. The applicant shall have the right to
review and consider the value determination, and following said review, to reapply for
other alternative methods of compliance, without prejudice, in accordance with
subsection 02 of this section. (Ord. 462, 11-11-2003)
SUBDIVISION ORDTNANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local street)
substantially open to the sky, exclusive of streets, commercial and residential buildings, and shall
st
development,
r4
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request that
ihe subdivision application be processed as both a preliminary and final plat if all the
following exist:
11141011 QMNLYA M' I I I I I - 0
Page 7 of 22
K NPlanning DeptTagle Applicalionl\SUBSUONVeathaglen Sub cddm
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision
of the Zoning Title of the City.
M'1111111111111nill fill Willi
I I I i FQ 11,111111111111
Driveways: Driveways providing access to no more than two (2) dwelling units shall be
allowed within any subdivision.
Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Total easement width shall not be less than twelve feet (12% except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of
the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
Eagle City Code Section 9-3-7: Planting Strips and Reserve Strips:
Planting strips and reserve strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed
next to incompatible features such as highways, railroads, commercial or industrial uses to
screen the view from residential properties and to provide noise mitigation for those
residents. Such planting strips/buffer areas shall be a minimum of twenty feet (20') wide
unless a greater width is required within section 8-2A-7 of this code. The landscape
strip/buffer area shall not be a part of the normal street right of way and shall comply with
all landscape/buffer area requirements within section 8-2A-7 of this code,
1. All residential dwelling units shall be provided with a pressurized irrigation system-bt
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.
Page 8 of 22
K Tlanning DeptTagle ApplicalionsSSLTB5120165FeaihcWen Sub c6doc
a. The pressurized irrigation system may have a backup connection to a potable
water system with the approval of the city, city engineer, and the potable water
purveyor, and the installation of a state approved reduced pressure backflow
prevention assembly or an air gap separating the irrigation system and the potable
water system. The operation, maintenance, associated costs, and annual inspection
of the backup connection and the backup system's reduced pressure backflow
prevention assembly shall be the responsibility of the entities as determined in
"Pressure Irrigation Standards" of this section. Individual backup connections to
individual lots by individual lot owners shall be prohibited with the exception of
the common area lots owned and maintained by the homeowners' association.
b. The pressurized irrigation system shall be designed by a licensed professional
engineer registered in the state of Idaho, and the construction plans for the system
shall be reviewed and approved by the city engineer.
2. The requirement for installation of a pressurized irrigation system may be waived by
the city council when the applicant has established that any of the following situations
exist (the sale or transfer of an existing water right shall not be grounds for requesting
a waiver pursuant to this provision):
z. Where a sufficient surface irrigation water right does not exist for the property.
The lack of surface irrigation 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
serveN.
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 specc circumstances surrounding a new subdivision, the cost of
obtaining water rights, reestablishing water rights or developing the system would
impose an undue economic hardship on the developer. For purposes of this
section, an undue economic hardship shall consist of a showing that the cost per
lot to develop the pressurized irrigation system would be twenty five percent
(25%) higher than the cost per lot for providing a pressurized irrigation system to
subdivisions of similar size and density constructed in the city within the previous
two (2) years; or the cost per lot of the pressurized irrigation system would exceed
five percent (5%) of the expected per lot market value of the subdivision.
The developer shall bear the burden of providing documentation, acceptable to the
city engineer and city council, demonstrating and supporting the estimated costs
of construction of the pressurized irrigation system, and the cost per lot for
irrigation systems in those subdivisions built in the last two (2) years as noted
above, and the expected market value of the subdivision lots. For phased
Page 9 of 22
K lPlanning DepiTjoe Applications\SUBS52616Teatherglen Sub ccrdoc
developments, costs will be analyzed over all phases of the development rather
than the first phase only.
3. Shouldinstallation/ pressurized !irrigationbewaived by
as outlined herein, compliance to Idaho Code 31-3805 is still required.
4. Requests for waivers shall be submitted to the city with the preliminary plat
application and shall be accompanied by an irrigation report, prepared by a licensed
Idaho registered professional engineer, stating the location and availability of surface
irrigation water and documenting the basis for the waiver request. If applicable, the
irrigation report shall be accompanied by a letter from the irrigation district or canal
company stating that water rights and/or a delivery system are not available to the
property. (Ord. 566, 5-15-2007)
In addition to the provisions of this title, any subdivision within the designated floodplain of
the city shall comply with all applicable provisions of the floodplain regulations of the city as
now or as may hereafter1." 1'!
D. DEVELOPMENT AGREEMENT PROVISIONS WHTCH ARE OF SPECIAL CONCERN
REGARDING
aR, PROPOSAL: r Rt.
3.6 Owner shall comply with all applicable provisions for Title 10, Flood Control, of the Ea
City !A."'
. i
�14i;146011MT M1114M611r ! ::. ! . - f - A • 1
FLOODE. CONTROL ORDINANCEPROVISIONS SPECIAL AK1
REGARDING ► '
B. Purpose: It is the purpose of this title to promote the public health, safety and general
welfare, and to minimize public and private losses due to flood conditions in specific areas
by provisions designed:
hazard;2. To minimize expenditure of public money for costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
5. To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in areas of special flood
6. To help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future flood blight areas;
7. To ensure potentialbuyers1 Athat property/specialAli
hazard, wam that city review 1': approval notgoing ! preventfloodingA that
flooding may occur, and advise of information available to the city regarding flood
hazards, studies and available options;
-Y. To ensure that those who occupy the areas of special flood hazard assumi
responsibility for their actions;
Page 10 of 22
K T4wng AepiWigle ApplicationslSLMSk2®161Feaihcrglen Sub ccf du^c
E. Postconstruction Elevation Certificate: Prior to issuance of a certificate of occupancy, a
postconstruction elevation certificate (FEMA form 81-31) referencing land and structures
included or removed from the area of special flood hazard is required. All lots and
structures removed from the area of special flood hazard by letter of map change require
certification by a registered professional engineer demonstrating that the lot or structure is
"reasonably safe from flooding", as defined in section 10- 1 -5 of this chapter. The elevation
certificate must verify the elevation of the lowest floor or lowest adjacent grade to be one
Page I I of 22
K Manning DeplEagIc Sub r;crduc
A. All subdivision proposals shall be consistent with the need to minimize flood damage;
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage; and
E. All subdivision plats shall identify and designate the I 00 -year floodplain boundary and the
floodway boundary including a certification by a registered surveyor that the boundaries
were established consistent with the FIRM map for the city of Eagle. All subdivision plats
shall contain a note or notes that warn prospective buyers of property that sheet flooding
can and will occur and that floods of greater magnitude may inundate areas outside
identified floodway and floodplain boundary
The applicant has submitted a combined preliminary plat/final plat application that reflects the
Concept Plan contained within the executed development agreement (instrument 92015-
074170).
r
The preliminary plat, date stamped by the City on April 15, 2016, shows a shared common
driveway located !t 7, Block 1, providingI six 1 buildable lots.Pursuant •'.
Eagle City Code Section 9-3-2-1(J), driveways providing access to no more than two (2)
dwelling units shall 1' allowed within any subdivision.
development agreement modification (to be heard by the City Council) with a request to allow
for the six (6) buildable lots to be accessed from a single shared common driveway. The
applicant should be required to provide a revised preliminary plat showing that no more than
two (2) dwelling units take access from a single driveway prior to submittal of a final plat
application. If the City Council approves the development agreement modification to allow
should provide a revised preliminary plat and final plat which contains a plat note that
identifies Lot 7, Block 1, as a common lot that a) conveys to the lot owners of Lots 1-6, Block
1, the perpetual right of ingress and egress over Lot 7, Block 1, b) provide that the easement
runs with the land, c) provide that the owners of Lots 1-6, Block I should be responsible for
covenant for maintenance of the common lot and driveway cannot be modified without the
express consent of the city. The revised preliminary plat and final plat should be provided
prior to the City Clerk signing the final plat, The shared common driveway should be
completed 1 • { the issuance1 building permits.
Plat note 44, of preliminary plat, date stamped by the City on April 15, 2016, and plat note #2
of the final plat, date stamped by the City on April 15, 2016, states, "Minimum building
! /' `: I / ., : { ! ! •' 1 • � . 1 i'.. L 4 •. -III
Page 12 of 22
K:1Planning 6eptWagla Applialionz%UBSU0161Feaiherglen Sub "f doe
rezone number as RZ-07-14, the actual rezone number is RZ-08-14 and will be modified wi
the upcoming development agreement modification request. Also, the last part of the plat no
which states, "Prior to the submittal of a final plat application" should be removed. T
applicant should provide a revised final plat with the plat note #2 revised to state, "Minimu
�Yilli-A& se6ack liries shall 1re in aco-triance with the -E-agle City Z*ning #rlinance 2t the ti
of issuance of a building permit or as specifically approved by the conditions of developme
for RZ-08-14, or subsequent modification(s)." The revised final plat should be provided pri
to the City Clerk signing the final plat. I
The Flood Insurance Rate Map (FIRM), Panel # 16001 CO 153 H, effective February 19, 2003,
identifies the subject property to be located within a 1% Annual Chance Flood Hazard ares -
(formerly known as the 100 -year floodplain area). The applicant has submitted a floodplain
development permit (FPDP-03-16) for development of the site. The applicant should be
required to comply with the conditions of the floodplain development permit (FPDP-3-16)
prior to the City Clerk signing the final plat.
Staff has reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat and, in terms of Eagle City Code Section 9-2-3(B) "I thru 5" (minimum criteria
to combine a preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
I Does not exceed ten (10) 1 ots;
2. No new street dedication or street widening is involved;
3 No major special development considerations are involved such as development i
floodplain, hillside development or the like.
4. All required infon-nation for both preliminary and final plat is complete and in i
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provisi(
of the Zoning Title of the City.
Since the proposed subdivision does not meet all of the criteria for a combined prelimina.
plat/final plat, the aforementioned discussion items should be addressed prior to submittal of
final plat application. Therefore, staff recommends that only a preliminary plat approval I
granted.
to West Floating Feather Road since the site contains a 20 -foot wide landscaped berm locatc
adjacent to the aforementioned road. The existing berm contains manicured grass and matu
trees. The subject property is bordered on the north by West Floating Feather Road. The 20]
Planning Functional Classification Map shows West Floating Feather Road as a minor arterh
Pursuant to Eagle City Code, Section 8-2A-7(J)(4)(b), the applicant is required to construct
50-f11t wide
within the subdivision and the right-of-way line of the adjacent roadway. The required bu
area is to contain a minimum five to eight foot (5' to 8') high berm, decorative block wa.
cultured stone, decorative rock, or similarly designed concrete wall, or combination there
The required berm is to contain the following plants per one hundred (100) linear feet of rig
of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Ea
required shade tree may be substituted with two (2) flowering/ornamental trees, provided th
not more than fifty percent (50%) of the shade trees are substituted. Plat note #3 of
preliminary plat, date stamped by the City on April 15, 2016, and plat note #I of the final pl.
o
date stamped by the City on April 15, 2016, states, "Lot 7, Block 1, is a common lot t I
Page 13 of 22
K Ttanning DepO&sle Sub rddm
twned and maintained by the Featherglen Home Owners Association and shall contain a
Subdivision Home Owners Association. Said easement is shown on this plat." Due to site
constraints and the existing landscaped berm area the applicant may submit an Alternative
Method of Compliance application with a Design Review application to be reviewed and
zpproved by the Design Review Board prior to submittal of a final plat application.
Within the provided narrative, date stamped by the City on April 14, 2016, the applicant has
requested a waiver of the requirement to provide pressurized irrigation to the site. The
applicant has indicated that the existing berrn located onsite and adjacent to West Floating
Feather Road is currently connected to the adjacent subdivision's (Clear Creek Crossing
Subdivision) pressurized irrigation system. The narrative further states that, due to the fact
there are current issues between the applicant and the existing HOA regarding the availability
of additional irrigation water being provided by the existing system, and due to the area
(located outside of the berrn area) that will need to be irrigated is approximately 7,300 -square
feet in size, the applicant would like to connect into the municipal system for their irrigation
needs. Both the preliminary and final plats, date stamped by the City on April 15, 2016,
contain plat notes that indicate that irrigation water will be provided to Lot 7, Block 1,
(common lot), by the New Dry Creek Ditch Company. The plat notes also states that the
,lk,T s
7rhY7?MTn—U-CTc'd'MFEUK Crinising 5110111,113171n.
with regard to the waiver of the requirement to provide pressurized irrigation the applicant is
required to provide proof that a sufficient surface irrigation water right does not exist for the
property or that the existing surface water right cannot be delivered to the property due to
delivery capacity or scheduling. Prior to receiving approval of a pressurized irrigation waiver,
the applicant should be required to provide the documentation required by Eagle City Code
Section 94 -i -9(C), to be reviewed and approved by the City Engineer and the City Council
,rr or to the submittal of a final TIat a:qlocation, AIM the aMlicant should y.rovide an executed
joint irrigation agreement between the applicant and the Clear Creek Crossing Subdivision
Homeowner's Association indicating the Clear Creek Crossing Subdivision Homeowner's
Association will continue iii vidingpressurized irrigation to the ben -n area located within Lot
7, Block 1, Featherglen Subdivision. The executed joint irrigation agreement should be
provided prior to the City Clerk signing the final plat.
Based on the topography lines shown on the preliminary plat, date stamped by the City on
April 15, 2016, it appears a portion of Lot 5, Block I and all of Lot 6, Block 1, is covered by
an existing berm. The Google earth aerial shows what appears to be a landscaped berm are?
covering the eastern quarter of the site commensurate to the berm area shown on the
preliminary plat. The preliminary plat delineates existing trees covering Lot 6, Block 1,
located within the berm area. The aerial photo also shows the trees located within the ben -n
area. The preliminary plat does not identify the existing trees to be removed. The applican,
sk,1e-114 \e rekmiref tit 1ritvi1e z tee izvext4i2y -%t?1-VIic.2tixg tke existixg trees a rejm;zix 2itid
existing trees to be removed. The tree inventory map should be provided with the design
review application to be reviewed and approved by the Design Review Board prior to the City
Clerk signing the final plat.
The overall site development must comply with the requirements of Eagle City Code and the
condons of approval for a Design Review application.
6ased upon the information provided staff recommends approval of the requested Combined Preliminary
Platnal Plat with conditions provided within the staff report.
Page 14 of 22
K Tlanrdng Mpt\E&SIt ApplicationsLSUBS%211I6\Fr&lhctgten Sub eddoc
PUBLIC HEARING OF THE COMMISSION: 1
A. A public hearing on the application was held before the Planning and Zoning Commission on June 6,
2014, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation
B. w of application presented to the Planning s:; Zoning Commissionby
no one (not includingapplicant/ !
C. Oral testimonyopposition to the applicationwas presented to the Planningw ZoningCommission
by one (1) individual.The individual was concerned with the setbacksw.residents
surrounding the proposal, the number of buildings, the concept of putting two story homes on the
proposed lots, and the lack of parking within the proposed subdivision.
R. Oral testimony neither in opposition w nor in • of application presented to the Planning
w Zoning Commissionby one individual. w concerned with the number of
modifications w the original development w the enforcementof parking b.ns on private
drive
COMMISSION DELIBERATION:
Upon public w w discussed during deliberation
The subdivision's ! should contain a provision prohibiting parking on w common
r'
The concern from adjacent property owners regarding two story houses is valid.
The Commission r `w that their actionpertained to the preliminary plat only, w that the restriction
regardingw to one • would be evaluated by w during
of - development agreement mw w w,
COMMISSIONS DECISION:
' w • r •w t 1 w - sw - • • - r .w� r w r only w Subdivision w Development recific conditions of rw +-
f standard conditions of approvalprovided w I of r conclusions of
document, dated June 20, 2016.
HEARINGPUBLIC OF THE COUNCIL:
public on rp' w w before w on w 2016,
testimonyw the public w w w'.uncil maw decision time
B. Oral testimonyopposition w the application presented to the City Councilby one w w
who indicated a concern regarding the five-foot (5') wide setback allowance for two-story structun
and the possibility of parking on the common shared driveway may be a concern for the fli
department. The individualalso indicated that although!.rking is nw permitted on w •
shared drivewaydepartmentw police department wenforce the no w.rking limitatiw
because the commonshareddriveway isprivate.
testimonyC. Oral r application presented to the City Councilno one (other
ww r
COUNCIL1 •
The Council w c 4 to 1 to approve the preliminary plat only wr Featherglen Subdivision for Ja3w
Development, a w Planning and Zoning Commissiona w w site specif
conditions of w w w' and standard conditions of w r; wval with underline text to# r w w by w
w strike throughto be deleted by w
Page 15 of 22
K Tlanning deptWagle Applital'ionsASLMS',7�)4�'featir, :rglen Sub ,tef doe
SITE SPECIFIC CONDITIONS OF APPROVAL:
I . This approval is for a preliminary plat only. A separate final plat application shall be required upon
completion of the Site Specific Conditions of Approval and Standard Conditions of Approval included
herein.
2. Comply with all conditions within the development agreement for rezone application RZ-08-14 or any
subsequent modifications,
3. Comply with the conditions of FPDP-03-16 prior to the City Clerk signing the final plat.
4. Comply with all requirements of the City Engineer.
5. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
f. Prey6de a revised pFeliffi dRaF)' plat Shewing thm Re FAefe than twe (2) dwelliRg units take aeeess ffem
single dFiveway PFieF SUbMiRal Of a fiRHI plat applieatien. if the Gity Gouneil appfe%-es the
deN-elepmew agr-eefnent Fnedifleation to allew FROM fliffil two (2) dwelling uAits te take aeeess ffem
shared e8fflMeR dFiveway-4!he applicant shall provide a revised preliminary plat and final plat which
contains a plat note that identifies Lot 7, Block 1, as a common lot that a) conveys to the lot owners of
Lots 1-6, Block 1, the perpetual right of ingress and egress over Lot 7, Block 1, b) provide that the
easement runs with the land, c) provide that the owners of Lots 1-6, Block I shall be responsible for
the maintenance of the shared common driveway and common lot, d) provide that a restrictive
covenant for maintenance of the common lot and driveway cannot be modified without the express
consent of the city. The revised preliminary plat shall be provided prior to submittal of a final plat
application. If the shared common driveway is approved, then it shall be completed prior to the
issuance of building permits.
7. if thL- Gity Gftneil apffel,-es a shaFed eeffifflOR &Wewa�-, "No Parking — Fire Lane" signs shall be
erected on both sides of the shared common driveway prior to the issuance of any building permits.
Y. Provide a revised final plat with the plat note #2 revised to state, "Minimum building setback lines
shall be in accordance with the Eagle City Zoning Ordinance at the time of issuance of a building
pen -nit or as specifically approved by the conditions of development for RZ-08-14, or subsequent
modification(s)." The revised final plat shall be provided with the submittal of a final plat application.
9. Due to site constraints and the existing landscaped berm area, the applicant may submit an Alternative
Method of Compliance application with a Design Review application to be reviewed and approved by
the Design Review Board prior to submittal of a final plat application.
10. The applicant shall provide an executed joint irrigation agreement between the applicant and the Clear
Creek Crossing Subdivision Homeowner's Association indicating the Clear Creek Crossing
Subdivision Homeowner's Association will continue providing pressurized irrigation to the berm area
located within Lot 7, Block 1, Featherglen Subdivision. The executed joint irrigation agreement shall
be provided prior to the City Clerk signing the final plat.
I i. Prior to receiving an approval of a pressurized irrigation waiver, the applicant shall provide the
documentation required pursuant to Eagle City Code Section 94-1-9(C) to be reviewed and approved
by the City Engineer and the City Council prior to the City Clerk signing the final plat. If a joint
irrigation agreement with the Clear Creek Homeowner's Association cannot be executed, then, the
applicant shall address the irrigation to the berm area as part of the pressurized irrigation waiver
request.
Page 16 of 22
K Omnmng DrpoWaWc Sub rcfdoc
12. Provide a tree inventory ma! indicating1 remain
w existing trees to be removed.
inventoryThe tree rshallbe providedwith thedesignw1# to be 1and
submittalapproved by the Design Review Board prior to submittal of a final plat application.
13. The Featherglen Subdivision shall remain under the control of one Homeowners Association.
14. The applicant shall place a note on the final plat that the pressurized irrigation system and all common
lots are to be owned and maintained by the Homeowner's Association.
15. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system and all common landscape areas in the subdivision are maintained in
a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees in perpetuity.
16. All plat notes that are required on the preliminary plat shall be transferred to final plat prior to
ofa finalplat application.
17. The applicant provide R . that Homeowner's Association ':.ll have theduty
to enforce a parking prohibition on the shared common driveway in the subdivision.
NOTE: In the event a Standard Condition 1 1 I 1val conflicts witha SiteSpecificI 1 1 of
Approval S tl 1 herein the Site SpecificCondition of 1 f 1 ,:shall control.
STANDARD CONDITIONS OF APPROVAL:
curbs,I 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,
+ sidewalks.
Correct street names, as approved by Ada 1 ; Committee,ll be placed on
the plat prior w the City Engineer signing the final plat.
2. Complete water andsewer system constructionplans shall be reviewedandapproved r
Required improvementsbut notbe limited to, extending
platted property. developer r of plans explainingplans may not
be
necessary.
3. Idaho R!artment of rr ! of - 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).
* Written approvalof all well water1, any shared or l - be obtained from
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
5. Unless septic tanks are permitted,wet line sewers willberequired andthe applicantill be
required to furnish the City Engineer with a letter fromproperty,
acceptingproject forprior to the City Engineer signing the final plat.
6. All homes being1 iwith individualr w placed on
housethe street side of the home or shall have their sewer drainage system designed with a stub at the
1 to allow fora w a public
7. Per !, r Code,Section 31-3805, concerningw w disclosure,
rights .!urtenant tw the landssaid subdivision which are within the irrigationill 1e
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory1 ! i' conduit to permitdelivery of w'
landowners within the subdivision who are also within the irrigation entity.
Page 17 of 22
K tPlRaw+aa g DeptTuos Sub eddoc
for pressurized irrigation facilities.
tu, gs M:YA I � rA." I
IT;,. 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 engineef
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.
F. 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&Rs 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.
IL 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 of
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 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.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
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.
Page 18 of 22
K Tlan6ng DeptTzgle Sub cddue
14. The applicant shall submit cut sheets showing street lighting details for review and approval by th�
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.
15. 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.
16. 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 Departmem
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 buildin.2
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to t -
f 11
Eagle City Attorney which provide for the use, control and mutual maintenance o a I comm
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed ►
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 require
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attom
prior to the City Engineer signing the final plat.
18. Should the homeowners association be responsible for the operation and maintenance of the sto
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other simil
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by t
Eagle City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for
required landscaping, common area and subdivision signage prior to the City Engineer signing t
final plat.
20. Any recreation area, gteenbelt area or pathway area along the Boise River, Dry Creek or any oth
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior
approval of the final plat by the City Council.
21. Conservation, recreation and river access easements (if applicable) shall be approved by staff
the City Engineer and shall be shown on the final I
plat prior to approval of the final plat by the Ci
Council.
Page 19 of 22
K Wlanmng DepeTAOc AppliceilontSU13S'aOI6\FcathuBlen Sub cefdoc
22. 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".
23. 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.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
25. 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.
26. 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.
27. Basements in homes in the flood plain are prohibited.
28. 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 speccally approved by the Commission and/or Council.
29. 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.
30. 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
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.
31. 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.
32. 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.
33. 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.
Page 20 of 22
X TlwWng DepsWiSlc AppficalnnSUBSUM6TesikiVcn �Si/ab cdcloc
related34. 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
activities shallbe protected ! !:theIdaho Right! 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! t! toclean up daily,R loud music, and no dogs off
1. The Council reviewed the particular facts and circumstances of this proposed preliminary plat an
based upon the information provided concludes that the proposed preliminary plat application is i
accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or wit
any specific objective 1theComprehensive Plan and/or EagleCode k'as shown
the
Use A findings; use designation Athisarea ;! Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police an
fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons (
agencies responsible for the establishment of the proposed use shall be able to provide adequatel
any such services, as noted in the documentation provided from said agencies and as required as
part of ! 1 :w of R w
continuity;c. That there are no known capital improvement programs for which this development would prevei
d. That based upon agency verification and additional written comments of the Ada County Highwa
District and Eagle Sewer District as conditioned herein, there is adequate public financi�
capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Council's attentic
have been adequately addressed by the applicant or will be conditions of approval as set forl
within the conditions of approval
2. The Council reviewed the particular facts and circumstances of this proposed combined prelimin
final plat (PP/FP-02-16) and, in terms of Eagle City Code Section 9-2-3(B) "I thru Im u
criteria to combinepreliminary 1finalM •'thefollowing ! !regarding
proposed combined/final plat:
a. The landscape berm along Floating Feather Road was narrower than required by Eagle City Co
Section i
b. The proposed development is located within the Area of Special Flood Hazard.
Due to the aforementioned issues, the proposal is not in conformance with Eagle City Code Section
i tocombine preliminary4final R•thus, the
should not be approved at this time. I
Fags 21 of 22
%.1G'l tavm! NpMaglv Sub odduc
M419#7".
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
""o, I 0
of E4494
Stan - �iidggeway, Mayor &.06 ?OR.4
0*
ou * Z
a .,saw
ATTEST: 0 0
%**Soso
Sharon Bergmann, Eagle City rk PE Of
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis.
Page 22 of 22
K Tlanning DpAUee AppgicalipinsSUBSk20116\Ereaiharglen Sub cefdoc