Findings - CC - 2017 - PP/FP-01-17 - Combined Preliminary/Final Plat For Kidder Cove SubdivisionBEFORE 'l'HE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A COMBINED PRELIMINARY/FINAL
PLAT FOR KIDDER COVE SUDIVISION
FOR WAYNE SWANSON
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FP-01-17
The above -entitled combined preliminary/fmal plat application came before the Eagle City Council for their
action on June 13, 2017, at which time public testimony was taken and the public hearing was closed. The
Eagle City Council having heard and taken oral and written testimony, and having duly considered the
matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Wayne Swanson, represented by J.J. Howard LLC, is requesting combined preliminary/final plat
approval for Kidder Cove Subdivision, a 4 -lot (3 residential, 1 common) residential subdivision.
The 1.21 -acre site is located on the west side of South Stephenson Street in proximity to the
intersection of West Krasen Street and South Stephenson Street.
Note: The City Council approved the removal of the common lot, thereby reducing the total number
of lots to three (3).
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, Tuesday, January 31, 2017, in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on March 2, 2017. Revisions were received by the City of Eagle on
April 7, 2017.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on March 31, 2017. 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 March 29, 2017. Requests for agencies'
reviews were transmitted March 22, 2017, in accordance with the requirements of the Eagle City
Code. The site was posted in accordance with the Eagle City Code on April 6, 2017.
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 May 29,
2017. 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 22, 2017. The site was posted in accordance with the Eagle City
Code on June 1, 2017.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None.
E. COMPANION APPLICATIONS: Parcel Division (PD -01-17).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING DESIGNATION LAND USE
DESIGNATION
Existing Residential Four R-4 (Residential)
Proposed
North of site
South of site
No Change
Residential Four
Residential Four
East of site Residential Four
West of site Residential Four
G.
H.
No Change
R-4 (Residential)
R-4 (Residential)
R-4 (Residential)
R-4 (Residential)
DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
SITE DATA:
Total Acreage of Site— 1.21 -acres
Total Number of Lots — 4
Residential — 3
Commercial — 0
Industrial — 0
Common — 1
Total Number of Units — 3
Total Acreage of Any Out -Parcels — 0
ADDITIONAL SITE DATA
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
(measured as total landscaping of
the entire site)
Percent of Site as Common Area
(measured as total landscaping of
the entire site)
PROPOSED
2.48 -units per acre
13,732 -square feet
100 -feet
100 -feet
9,491 -square feet
Single-family dwelling
Residential Subdivision
Single-family dwelling
Residential Subdivision
(Alderwood Village
Subdivision No. 2)
Residential Subdivision
(Alderwood Village
Subdivision No. 2)
Church
REQUIRED
4 -units per acre (maximum)
8,000 -square -feet
70 -feet
35 -feet
9,487 -square -feet (minimum)
18% (originally proposed) 0% (asapproved by City
0% (approved by City Council) Council)
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I. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 9,491 -square -feet of open space is proposed within the residential subdivision. The
common area is proposed to be adjacent to the western boundary of the subdivision. No amenities
are proposed within the open space lot.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,
will be developed in the drainage easements. Also, the CC&Rs 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.
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. STREET DESIGN:
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. The proposed subdivision will be accessed from South
Stephenson Street.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: N/A
Sidewalks:
A five-foot (5') wide detached sidewalk with a five-foot, ten -inch (5' 10") wide landscape strip is
proposed to be constructed adjacent to South Stephenson Street.
Curbs and Gutters:
Curbs and gutters were constructed for the development with the construction of Alderwood
Village Subdivision No. 2.
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Lighting:
Street lighting was installed with the construction of Alderwood Village Subdivision No. 2.
Street Names: No new streets are proposed with this application.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
See discussion under "Sidewalks" above.
Bike Paths: None proposed.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — No
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — No
Unique Animal Life — No
Unique Plant Life — No
Unstable Soils — Unknown
Wildlife Habitat — Unknown
Historical Sites — Unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated April 25, 2017 are of special
concern (attached to the staff report).
Ada County Highway District: See Site Specific Condition of Approval #2
Central District Health
Eagle Fire District
Eagle Parks and Recreation Department
Idaho Department of Environmental Quality
Idaho Transportation Department
Tesoro Logistics
Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Kent Freitag, date stamped by the city on April 13, 2017.
STAFF ANALYSIS PROVIDED WITHIN '1'HE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Residential Two
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 2 units per 1 acre.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre.
Multifamily and twofamily units/developments are prohibited in RI, R2, R3, R4 and R5 zoning
districts, unless approved as part of a planned unit development (PUD). Centralized water and
sewer facilities are required for all subdivision and lot split applications submitted after the
effective date hereof in all districts exceeding one dwelling unit per two (2) acres (RE).
Whenever there is a conflict or difference between the provisions of this section and those of
other chapters and/or other titles, the chapter or title with the more restrictive provision shall
prevail.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Requirements:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width I*
Sq. Ft.) G
And H*
1R-4 1135' I20' 17.5' 20' 140% 118,000 1170'
• Eagle City Code Section 8-2-4 (G):
All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-1-6: Rules and Definitions:
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields,
buildings or structures for recreational activities including picnic areas, community garden,
courses or courts, children's play area, dog play area, and pathways, excluding passive open
space areas. Landscape buffer areas not required pursuant to subsection 8 -2A -7J of this code
may be considered, in part, as active open space provided a pathway or other active amenity is
located within and incorporated into the buffer area. Up to fifteen percent (15%) of the total
area of water bodies (i.e., ponds) within a development may be considered active open space
provided there is a finding that the ponds employ active recreation capabilities such as fishing,
rafting, canoeing, and the like.
25'
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• Eagle City Code Section 9-2-3 (B)(1-5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request that
the subdivision application be processed as both a preliminary and final plat if all the following
exist:
1. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
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.
• Eagle City Code Section 9-3-8(D): Common Area Open Space:
The minimum percentage of the gross area that must be set aside for common area open space
in new subdivisions shall be as follows:
Zoning District Open Space
R-2 18 percent
R-3 18 percent
R-4 118 percent
R-5 118 percent
MU (with residential uses) 18 percent
1. Active Open Space: A minimum of fifteen percent (15%) of the common area open space
shall be developed as active open space, as defined in section 9-1-6 of this title.
2. Compliance: All common area open space shall be evaluated for its compliance with the
following:
a. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting: Visual focal points, use of existing physical features such as topography, view,
sun and wind orientation, circulation pattern, physical environment.
3. Direct Access: A minimum of thirty percent (30%) of all lots shall be designed to be
adjacent to, or at a minimum, have direct access to common area open space. The term
"direct access" means all building lots are to be located a maximum of two hundred fifty
feet (250') away from a pathway connecting to a common area open space lot. Building
lots separated from a common area open space lot by a local roadway shall be deemed to
have achieved direct access. The required planter strip located between the sidewalk and
the street will not be permitted to fulfill this requirement.
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4. Ownership And Management Of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open space
who is responsible for maintaining the open space and facilities located thereon. If a
homeowners' association is the owner, membership in the association shall be
mandatory and automatic for all homeowners of the subdivision and their successors.
If a homeowners' association is the owner, the homeowners' association shall have lien
authority to ensure the collection of dues from all members. The responsibility for
maintaining the open space and any facilities located thereon shall be borne by the
owner.
b. Management Plan: Applicant shall submit a plan for management of open space and
common facilities (plan) that:
(1) Allocates responsibility and guidelines for the maintenance and operation of the
open space and any facilities located thereon, including provisions for ongoing
maintenance and for long term capital improvements;
(2) Estimates the costs and staffing requirements needed for maintenance and
operation of, and insurance for, the open space and outlines the means by which
such funding will be obtained or provided;
(3) Provides that any changes to the plan be approved by the city council; and
(4) Provides for enforcement of the plan.
c. Temporary Maintenance By City; Corrective Action: In the event the party responsible
for maintenance of the open space fails to maintain all or any portion in reasonable
order and condition, the city of Eagle may assume temporary responsibility for its
maintenance and may enter the premises and take corrective action, including the
provision of extended maintenance. The costs of such maintenance shall be charged to
the owner, homeowners' association, or to the individual property owners that make up
the homeowners' association, and may include administrative costs and penalties. Such
costs shall become a lien on all subdivision properties. The exercise by the city of Eagle
of its right to assume temporary maintenance responsibility to take corrective action
shall not relieve the property owner of their maintenance responsibility nor should it
be construed as the city assuming permanent responsibility for such maintenance.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in subsection 8 -2A -7J of this code. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted within the above designated areas. A section
within the subdivision CC&Rs shall be created for the regulation of fences to this effect.
• Eagle City Code Section 9-4-1-6 (F):
Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or at
the building setback line, is over one hundred feet (100'), sidewalks on only one side of the
street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County highway district.
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3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by
a minimum eight foot (8') wide landscape strip. The landscape strip shall be completed
with sod, automatic irrigation, and planted with three inch (3") minimum caliper shade
class trees along all streets within the subdivision. Installation of landscaping shall be in
accordance with section 8-2A-7 of this code. The area within the eight foot (8') wide
landscape strip may be counted toward the minimum required common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor
variations to the location of a tree may be considered by the design review board during
the review of the subdivision landscape plan.
5. If sidewalk is required on one side of each street only (as provided for in subsection F 1 of
this section), then the trees on the side of the street with no sidewalk shall be placed within
five feet (5') of the edge of roadway.
6. In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres
and at the council's discretion, a four foot (4') wide striped path (with pedestrian
designation markings such as diamonds or pedestrian/bicycle symbols) on both edges of
all internal roadways may be permitted in lieu of constructing sidewalks. Trees shall be
placed within five feet (5') of the edge of roadway.
D. DISCUSSION:
• 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) "1 thru 5" (minimum criteria
to combine a preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
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.
• The preliminary plat, date stamped by the city on April 7, 2017, shows a five-foot, ten -inch (5'
10") wide landscape strip located between a five-foot (5') wide sidewalk and the edge of curb
of South Stephenson Street. The existing landscape strip, installed with the construction of
Alderwood Village Subdivision No. 2, was filled with gravel. The gravel was permitted in lieu
of sod because of the uncertainty of the timing of the development of the subject property.
Eagle City Code Section 9-4-1-6 (F)(3) requires landscape strips to be a minimum of eight -feet
(8') in width and to be landscaped with sod, automatic irrigation and planted with three-inch
(3") minimum caliper shade trees. The applicant should be required to provide a revised
preliminary plat showing the landscape strip to be a minimum of eight -feet (8') in width except
where reductions of width are required to connect to the existing sidewalk within Alderwood
Village Subdivision No. 2. The revised preliminary plat should be provided prior to the
submittal of a design review application for the site.
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• The preliminary plat, date stamped by the city on April 7, 2017, shows the required subdivision
common area located within a 33 -foot wide lot along the entire west side of the site. While the
common area open space is in conformance with Eagle City Code with regard to size, the
location, layout, and access is not conducive to being usable as active space. No active open
space features, as outlined in Eagle City Code Section 9-1-6, are proposed. The usability and
maintenance of the open space could potentially be improved if it were to be incorporated into
the individual lots. Incorporating the common area open space into the individual lots by
approximately 330 -square feet. Staff defers comment on the size, location, and layout of the
open space. If common area open space is required, the applicant should be required to provide
a revised preliminary plat showing at least 15% of the common area open space dedicated to
active features prior to the City Clerk signing the final plat.
• A six-foot (6') high solid vinyl fence located along the eastern boundary of the site was
constructed pursuant to Site Specific Condition of Approval #27 for Alderwood Village
Subdivision No. 2 (CU-02-13/PPUD-02-13/PP-04-13). The applicant should be required to
remove the fence in its entirety and replace the portion of fencing adjacent to the common area
of Alderwood Village Subdivision No. 2 (Lot 8, Block 1) within Alderwood Village
Subdivision No. 2 with an open fencing style such as wrought iron or other similar decorative
style, durable fencing material prior to the issuance of building permits.
• Site Specific Condition #7 for Alderwood Village Subdivision No. 2 (CU-02-13/PPUD-02-
13/PP-04-13) states, "Provide documentation assuring that the proposed half street section
(South Stephenson Street) will be completed when the property adjacent to the west is
developed. This documentation shall be provided prior to submittal of a final plat application.
(ECC 9-3-2-1 [H])." The ACHD staff report for Kidder Cove Subdivision, dated April 3, 2017,
does not require street widening but requires "NO PARKING" signs to be installed on one side
of South Stephenson Street. As the homes adjacent to the east side of South Stephenson Street
within Alderwood Village Subdivision No. 2 are not permitted to have direct vehicle access to
South Stephenson Street and the applicant is proposing that Lots 1-3, Block 1 of Kidder Cove
Subdivision be accessed from South Stephenson Street, staff recommends that the "NO
PARKING" signs should be installed on the west side of South Stephenson Street to maximize
the available on -street parking. Staff defers comment regarding the additional dedication of
right of way.
• Note #6 on the preliminary plat, date stamped by the city on April 7, 2017, states, "Unless
otherwise shown, all lots are hereby designated as having a twelve (12') foot permanent
easement for public utilities, City of Eagle street lights, pressure irrigation and lot drainage
over the twelve feet adjacent to any public street, rear lot line and the exterior boundary. This
easement shall not preclude the construction of hard surfaced driveways or walkways to each
lot. The pressure irrigation easement is granted in favor of Lots 1 through 3 of Kidder Cove
Subdivision or assigns to operate and maintain said system." Article IV, Section 3 of the
CC&Rs provided with the application, date stamped by the city on March 2, 2017, grants the
irrigation easements in favor of the Kidder Cove Subdivision Homeowners Association. The
applicant should be required to provide a revised preliminary plat with note #6 modified to
grant irrigation easements in favor of the Kidder Cove Subdivision Homeowners Association
prior to the City Clerk signing the final plat.
• The fmal plat, date stamped by the city on March 2, 2017, does not include the names of streets
shown or identify adjacent properties (Unplatted, Alderwood Subdivision No. 2, etc.). The
applicant should be required to provide a revised final plat which includes the names of streets
shown and identifies adjacent properties prior the City Clerk signing the final plat.
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• The preliminary plat, date stamped by the city on March 2, 2017, shows a five-foot (5') wide
concrete sidewalk and one -foot (1') of the required landscape strip located within the proposed
lots. With the standard 20 -foot wide front yard setback in the R-4 zone, the distance between
the back of sidewalk and the front plane of the garage would be 14 -feet. In order to provide
adequate parking given the on -street parking constraints, staff is recommending the following
setbacks:
Front: 20' Living Area/31' Garage
Rear 25'
Side: 7.5' (additional 5' per story, measured from the 2nd story)
Maximum Lot Coverage: 40%
• Note #3 on the fmal plat, date stamped by the city on March 2, 2017, states, `Building setbacks
and dimensional standards in this subdivision shall be in compliance with the applicable zoning
regulations in effect at the time of the re -subdivision." As staff is recommending that the
setback requirements for Kidder Cove Subdivision be modified, the applicant should provide
a revised final plat with Note #3 modified to state, "Building setbacks and dimensional
standards in this subdivision shall be in compliance with the conditions of approval associated
with PP/FP-01-17 or the applicable zoning regulations in effect at the time of the re-
subdivision." The revised final plat should be provided prior the City Clerk signing the final
plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested combined
preliminary/final plat with conditions of approval as provided within the staff report.
PUBLIC HEARING OF THE COMIVIISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on May 1,
2017, at which time public testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning
and Zoning Commission by one (1) individual who indicated:
• The irrigation system being proposed may not be sufficiently capable to meet the needs of the
proposed subdivision and Alderwood Village Subdivision No. 2.
• The fence along the eastern property boundary of the proposed subdivision is the property of the
adjacent developer and the developer is requesting to be notified prior to the applicant removing
the fence.
• The street section of South Stephenson Street is too narrow to accommodate the increased traffic
and parking, particularly during the construction of the proposed subdivision.
• South Stephenson Street was not intended to handle the stormwater drainage of the proposed
subdivision.
• The residents of Alderwood Village Subdivision No. 2 should be notified prior to construction
beginning on South Stephenson Street to connect utility lines into the proposed subdivision.
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COMMISSION DELIBERATION: (Granicus time 1:04:45)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The parking, road work, and congestion issues related to construction will be short-term.
• The city doesn't need to be involved in the dispute between the applicant and the neighboring developer.
• The subdivision is designed in conformance of the requirements of city code and the comprehensive
plan.
COMMISSION DECISION:
The Commission voted 3 to 0 (Koellisch and Villegas absent) to recommend approval of PP/FP-01-17 for
a combined preliminary plat/final plat for Kidder Cove Subdivision for Wayne Swanson with the site
specific conditions of approval and standard conditions of approval provided within their findings of fact
and conclusions of law document, dated May 15, 2017.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 13, 2017, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (other than the
applicant/representative).
COUNCIL DECISION:
The Council voted 3 to 0 (Soelberg absent) to approve PP/FP-01-17 for a combined preliminary plat/fmal
plat for Kidder Cove Subdivision for Wayne Swanson with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with underline text
to be added by the Council and strike through text to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. The applicant shall submit a design review application for common area and landscape strip
improvements prior to the City Clerk signing the final plat. The applicant shall comply with all
conditions of approval of the design review application prior to the City Clerk signing the final plat.
3. 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. (ECC 9-2-3 [C] [3] [1])
4. Provide a revised preliminary plat showing the landscape strip adjacent to South Stephenson Street to
be a minimum of eight -feet (8') in width except where reductions of width are required to connect to
the existing sidewalk within Alderwood Village Subdivision No. 2. The revised preliminary plat shall
be provided prior to the submittal of a design review application for the site.
5.
uvt1E%o
Clerk signing the final p4at. lea.
The applicant shall provide a revised final plat showing the common lot (Lot
4) removed. The area previously associated with the common lot shall be included within the three
buildable lots (Lots 1-3). The revised fmal plat shall be provided prior to the Citv Clerk signing the
final plat.
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6. Remove the solid vinyl fence located adjacent to the eastern property boundary of the site in its entirety
and replace the portion of fencing adjacent to the common area of Alderwood Village Subdivision No.
2 (Lot 8, Block 1) with an open fencing style such as wrought iron or other similar decorative style,
durable fencing material prior to the issuance of building permits.
7. Provide a revised copy of the CC&Rs with the following language included:
"All fencing located adjacent to open space, or in any required front or street side yard areas shall be
open -style such as wrought iron or extruded aluminum (looks identical to wrought iron). All other
fencing (i.e. cedar fencing, vinyl, chainlink) shall be prohibited. Fencing in any required front yard area
shall be limited to four -feet (4') in height."
The revised CC&Rs shall be provided prior to the City Clerk signing the final plat.
8. Provide a revised preliminary plat with note #6 modified to grant pressure irrigation easements in favor
of the Kidder Cove Subdivision Homeowners Association prior to the City Clerk signing the final plat.
9. Provide a revised final plat which includes the names of streets shown and identifies adjacent properties
prior the City Clerk signing the final plat.
10. The setbacks for Kidder Cove Subdivision shall be as follows:
Front: 20' Living Area/31' Garage
Rear 25'
Side: 7.5' (additional 5' per story, measured from the 2' story)
Maximum Lot Coverage: 40%
11. Provide a revised final plat with Note #3 modified to state, "Building setbacks and dimensional
standards in this subdivision shall be in compliance with the conditions of approval associated with
PP/FP-01-17 or the applicable zoning regulations in effect at the time of the re -subdivision." The
revised final plat shall be provided prior the City Clerk signing the final plat.
12. Prior to conducting a pump test of the pressurized irrieation system located within the Alderwood
Village Subdivision No. 2. the applicant shall provide a minimum of one (1) week's notice of the date
and time of the testing to the developer of Alderwood Village Subdivision No. 2.,
13. Prior to removal of the vinyl fence located adjacent to South Stephenson Street the applicant should.
provide a minimum of one (1) week's notice to the developer of Alderwood Villaee Subdivision No.
2.
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.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
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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 fmal 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 fmal plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City Engineer prior to the City Engineer signing the final plat.
12. 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.
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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.
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 Star Fire Protection District 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 Star 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.
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 Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathway
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Development Commission prior to approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
Parks and Pathways Development Commission and shall be shown on the fmal 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 fmal 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 fmal plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a
time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
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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. The Council reviewed the particular facts and circumstances of this proposed combined preliminary
plat/final plat (PP/FP-01-17) and based upon the information provided concludes that the proposed
combined preliminary plat/final plat application is in accordance with the City of Eagle Title 9
(Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the
findings provided within this document and the proposed use is in accordance with the Residential
Four land use designation of this area shown within the Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police and
fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons
or agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services, as noted in the documentation provided from said agencies and as required as a
part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would prevent
continuity;
d. That based upon agency verification of the affected agencies, there is adequate public financial
capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Council's attention
have been adequately addressed by the applicant or will be conditions of approval as set forth within
the conditions of approval herein.
2. The Council reviewed the particular facts and circumstances of this proposed combined preliminary and
final plat (PP/FP-01-17) and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria
to combine a preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
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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.
DATED this 27th day of June, 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
- Sharon . Bergmann, Eagle City
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