Findings - CC - 2017 - CU-03-17/PPUD-02-17 and PP-02-17 - Conditional Use Permit, Preliminary Development Plan And Preliminary Plat For Feldspar PudBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY
PLAT FOR FELDSPAR PLANNED UNIT
DEVELOPMENT FOR EAGLE SINGLE FAMILY, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-03-17/PPUD-02-17 AND PP -02-17
The above -entitled conditional use permit, preliminary development plan, and preliminary plat applications
came before the Eagle City Council for their consideration on July 25, 2017, at which time public
testimony was taken and the public hearing was closed. The Council provided direction to the applicant
(requested changes) and remanded the application to staff and directed staff to schedule another public
hearing to consider said changes. The applicant provided a revised narrative and revised preliminary
plat/preliminary development plan, date stamped by the city on October 16, 2017. The applications and
revisions came before the Eagle City Council for their action on November 14, 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:
Eagle Single Family, LLC, represented by John Rennison, P.E., with Rennison Engineering, is
requesting conditional use permit, preliminary development plan, and preliminary plat approvals
for Feldspar Subdivision, a 20 -lot (12 -buildable, 8 -common) residential planned unit development.
The 3.44 -acre site is located on the east side of North Taylor Street approximately 950 -feet north
of the intersection of West State Street and North Taylor Street at 368 North Taylor Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Eagle Seventh-Day Adventist Church, 538 West State
Street, at 6:00 PM, on Thursday, December 29, 2016, in compliance with the application submittal
requirement of Eagle City Code. The applications for this item were received by the City of Eagle
on April 21, 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 May 25, 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. Requests for agencies'
reviews were transmitted on April 25, 2017 in accordance with the requirements of the Eagle City
Code. The site was posted in accordance with the Eagle City Code on May 26, 2017.
Notice of Public Hearing on the application for the Eagle City Council (July 25, 2017, meeting)
was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City Code on July 6, 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
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Title 67, Chapter 65, Idaho Code and Eagle City Code on July 3, 2017. The site was posted in
accordance with the Eagle City Code on July 14, 2017.
Notice of Public Hearing on the application for the Eagle City Council (November 14, 2017,
meeting) was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and the Eagle City Code on October 28, 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 October 25, 2017.
The site was posted in accordance with the Eagle City Code on November 3, 2017.
D. HISTORY OF PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN ZONING
DESIGNATION DESIGNATION
Residential Four R-4 (Residential)
No Change No Change
Residential Four R-4 (Residential)
Residential Four R-4 (Residential)
Residential Four R-4 (Residential)
Residential Four R-4 (Residential)
LAND USE
Single-family Dwelling
Single -Family Residential
Subdivision
Single-family Dwelling
Well lot serving Dell
Subdivision, Eagle Seventh-
Day Adventist Church, and a
Single -Family Dwelling
Parcel Containing Private
Lane (Cobblestone Lane)
and Single -Family Dwelling
Single -Family Residential
Subdivision (Dell
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site — 3.5 -acres
Total Number of Lots — 20
Total Number of Units - 13
Residential — 12
Commercial — 0
Industrial — 0
Common — 8
Single-family — 12
Duplex — 0
Multi -family — 0
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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
Open Space
Percent of Site as Common Area
Open Space
* The calculation does not include the area of the lots associated with the private street and shared
driveways.
I. GENERAL SITE DESIGN FEATURES:
Proposed
3.78 -dwellings units per acre
6,158 -square feet
50 -feet
0 -feet (fronted by common lot
containing a shared driveway)
29,654 -square feet*
19.8%*
Required
4 -dwelling units per acre
maximum
8,000 -square feet
Except that a decrease of
minimum lot size in a
subdivision may be
allowed if there is an
offsetting increase of the
same percentage in open
space and a planned unit
development is applied for
and approved) - per ECC
Section 8-6-5-5 (A). An
offsetting increase of the
same percentage in open
space has been provided.
70 -feet (minimum)
35 -feet (minimum)
29,967 -square feet
(minimum)
20%
Open Space:
The proposed development includes 0.68 -acres of common area (not inclusive of the private road
and common driveway lots). The common areas consists of a small lot located adjacent to North
Taylor Street (Lot 1, Block 1), a lot located adjacent to the northeast corner of the subdivision at
the end of a shared driveway lot (Lot 7, Block 1), a larger lot centrally located adjacent to the cul-
de-sac (Lot 11, Block 1), a small lot located at the west side of the cul-de-sac (Lot 18, Block 1),
and a lot containing a drainage facility located at the intersection of Taylor Lane and North Taylor
Street (Lot 20, Block 1).
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
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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, except
that lesser easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will
be served by Eagle Water Company.
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 any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
J. STREET DESIGN:
Private Streets:
The preliminary plat, date stamped by the city on April 21, 2017, shows a typical private street
section for the street to be located within the subdivision. The typical private street section shows a
29 -foot wide travelway (measured from back of curb to back of curb). The curbing shows 16 -inch
ribbon curbing or standard vertical curb where required for drainage and no access required.
Applicant's Justification for Private Streets:
See applicant's justification letter, date stamped by the city on April 21, 2017 (attached to the staff
report).
Blocks Less Than 500': None
Cul-de-sac Design:
The preliminary engineering plan, date stamped by the city on April 21, 2017, shows Taylor Lane
with a partial cul-de-sac located approximately 260 -feet into the site from the intersection of
Taylor Street (ACI -ID) and Taylor Lane.
Sidewalks:
The preliminary engineering plan, date stamped by the city on April 21, 2017, shows a five-foot
(5') wide sidewalk located adjacent to the south side of the private lane. The sidewalk is detached
within the common lots and attached within the buildable lots.
Curbs and Gutters:
The preliminary engineering plan, date stamped by the city on April 21, 2017, shows 18 -inch
ribbon curbing or standard vertical curb where required for drainage and no access required.
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Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — yes — The northern two-thirds (2/3) of the site is located within a 1 %-chance
floodplain area, as identified on the Flood Insurance Rate Map, Panel # 16001 C0153H.
Mature Trees — yes — Located in proximity to the existing residence and in proximity to the
southwest corner of the property.
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
City Engineer: All comments within the Engineer's letters dated, May 12, 2017, are of special
concern (attached to the staff report).
Ada County Highway District
Central District Health
Chevron Pipe Line Company
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
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Idaho Transportation Department
Republic Services
Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from D.H. Roloff, date stamped by the city on May 17, 2017.
Correspondence received from Wade and Dianne Nelson, date stamped by the city on May 25,
2017.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The site is proposed to be developed in a single phase.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.3 Land Use Designations:
The Comprehensive Land Use Map (adopted February 15, 2015), designates this site as the following:
Residential Four
Suitable primarily for single family residential development within an urbanized setting. An allowable
density of up to 4 units per 1 acre.
Chapter 13 — Implementation
13.3 Special Implementation Techniques For Development within the City Limits
C. Planned Unit Development Ordinance (PUD) is one of many devices used to implement a
comprehensive plan. A developer of a PUD may be allowed variations in development
requirements, if it is in the City's interest to encourage such a development.
D. PUD regulations are intended to encourage innovations in land development techniques so
that the growing demands of the community may be met with greater flexibility and variety
in type, design, and layout of sites and buildings and by the conservation and more efficient
use of open spaces and of other natural environmental features which enhance the quality of
life.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
Planned Unit Development: A development designed to incorporate a variety of lot sizes and created
to accommodate a wide range of income levels and planned to be developed as a unit under single
ownership or control which may include residential, commercial, or office uses or any combination
thereof.
• Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the MU
(Mixed Use) zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Sq. Width I*
Ft.) G And
H*
IR -4 1135'
1
20'
25'
17.5' 1 20' 140% 118,000 1170' 1
8-2-4(G):
All front load garages shall be set back a minimum of 25 -feet from the back of sidewalk.
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• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be
allowed if there is an "offsetting increase" of the same square footage in open space and a
favorable finding is made by the council that the smaller lots are appropriately integrated into
the overall design and that the building product type is compatible with the PUD and
surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point for
minimum open space, prior to any "offsetting increase" being added, shall be the area that is
equal to ten percent (10%) of the site. This allowance shall only be permitted under the
following criteria:
1. The total common area open space shall be equal to or greater than twenty percent (20%),
inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity and
architectural and siting variation are incorporated into the development and that these
factors make up a substantial contribution to the objectives of the PUD. These design
elements are as follows:
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, variation in
building setbacks and building grouping (such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under
section 8-2-4 of this title.
• Eagle City Code Section 8-7-3: Conditional Use Permit:
8-7-3-2: General Standards for Conditional Uses:
The Commission/Council shall review the particular facts and circumstances of each proposed
conditional use in terms of the following standards and shall find adequate evidence showing
that such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in section 8-2-3 of this title for the
zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the comprehensive plan and/or this title;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighboring uses;
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E. Will be served adequately by essential public facilities and services such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer and
schools; or that the persons or agencies responsible for the establishment of the proposed
use shall be able to provide adequately any such services;
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which shall be so designed as not to create
an interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-1-6: Rules and Definitions:
Easement: A grant by a property owner to specific persons or to the public to use land for specific
purposes. Also, a right acquired by prescription.
Planned Unit Development: A subdivision designed as a combination of residential, commercial
and office uses or any combination thereof planned for a tract of land to be developed as a unit
under single ownership or control, which is developed for the purpose of selling individual lots or
estates, fronting on private or dedicated streets, which may include two (2) or more principal
buildings
• Eagle City Code Section 9-3-1: Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions, improvements and
facilities done, constructed or made in accordance with said provisions shall comply with the
minimum design standards set forth in this chapter and with all applicable requirements set forth in
Title 8, Chapter 6, "Planned Unit Developments", of this code; provided, however, that any higher
standards adopted by any highway district, the Idaho transportation department or health agency
shall prevail over those set forth herein.
• Eagle City Code Section 9-3-2: Streets and Alleys:
9-3-2-1: Location and Design:
G. Cul -De -Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet (750') in
length and shall terminate with an adequate circular turnaround having a minimum radius of
fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet
(10'). A minimum of forty feet (40') of pavement shall be provided between the landscape
island and the outside edge of the street as measured from the face of curb of the island to the
face of curb located on the outside edge of the street. One traffic control sign stating that on
street parking is prohibited within the turnaround shall be installed at the entrance of the
turnaround on the driver's side of the street. The following exceptions may be considered by
the Council:
1. Alternative types of turnarounds for cul-de-sacs which will provide access to less than
thirteen (13) dwelling units may be permitted by the city if approved by the fire
department and the highway district having jurisdiction.
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• Eagle City Code Section 9-3-2-5: Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to any parcel or lot provided the council
determines that the private streets are in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private
streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel layout.
6. Other than to provide emergency access, the private streets do not connect one public street
to another, thereby encouraging travel through the development served by the private
street; provided, however, that in order to provide secondary access, a private street may
have more than one connection to a public street and/or may be connected to more than
one public street if access thereto is controlled by automatic gates or other control devices
approved by the council.
7. The use or alignment of the private streets does not interfere with the continuity of public
streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County highway district's
structural standards for streets including base course and asphaltic concrete mat thickness
utilizing the appropriate traffic index or as may be recommended by the city engineer and
approved by the city council, and shall further be in accordance with Ada County highway
district's intersection design and drainage requirements, or as may be recommended by the
city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such design
and dimensional requirements as the council may determine are appropriate considering
the proposed use and the site upon which the private streets are to be placed, however, all
private streets shall contain paved travel lanes a minimum of twelve feet (12') in width
(except as noted herein) and shall otherwise provide for the safe, convenient, and effective
movement of both vehicular and pedestrian traffic. Vertical curbing shall be provided for
streets that are less than thirty four feet (34') in total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and approval
by the city engineer, all traffic signs needed for the project, including, but not limited to,
designated parking and "no parking" areas, speed, stop, and such other signs as are
required for safe pedestrian and vehicle travel.
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5. All private streets shall, during the progress of construction, be inspected and tested, at the
expense of the owner or developer, by a qualified inspector in order to ensure compliance
with the construction and design standards set forth in this section, the construction
drawings as prepared by the registered professional engineer, and good engineering and
construction practices. Reports of such inspections and tests shall be submitted, together
with a certification of such compliance, for the review and approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public right of
way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1 G of this
chapter and subject to the approval of the Eagle fire district and city engineer and
provided further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle fire
district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city engineer,
and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared by a
licensed professional engineer in the state in substantial conformance with engineering
and design standards in effect at the time of preparation of the design. Construction
drawings, together with a certification of such conformity, shall be submitted for the
review and approval by the city engineer. No part of this section shall be construed as
allowing a private street that is not in conformance with current engineering and design
standards.
8. If any provision of this section is found to be in conflict with any other applicable provision
of this title, the provision which establishes the higher and/or more restrictive standard
shall prevail, unless specifically determined otherwise by the city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance
of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state, together with a proposed
method for funding the same, including, but not limited to, the creation and maintenance
of a reserve fund for that purpose, shall be submitted with the final plat application for
review and approval by the city engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat and notes
shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
street the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street cannot be
modified and the homeowners'/property owners' association or other entity cannot be
dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be recorded at
the time of recording the plat which said covenant shall create a homeowners'/property
owners' association or substantially similar entity and make provision for the perpetual
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maintenance of the private street in accordance with the approved plan as provided for in
subsection C 1 of this section. Said restrictive covenant shall also provide that the said
covenant shall run with the land and that the said covenant cannot be modified and that
the homeowners'/property owners' association or other entity cannot be dissolved without
the express consent of the city. The said restrictive covenant shall be reviewed and
approved by the city attorney prior to certification and signing of the final plat by the city
engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the entity
responsible for the maintenance of any private street approved in accordance with the
provisions of this section to undertake such repair and maintenance activities as it may
determine is necessary to protect the public health, safety, or welfare and make such
expenditures from the funds reserved therefor as may be required thereby; and the owner
or responsible entity shall, as a condition of approval of any such private street, be deemed
to have agreed to comply with any such order and to reimburse the city all of its costs,
including attorney fees, incurred in obtaining or enforcing any such order. Any order
entered by the council pursuant to this subsection may be enforced by a court of competent
jurisdiction and the city shall be entitled to recover its costs and attorney fees incurred in
connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all
applicable components of the comprehensive plan.
E. Waiver: The council may waive or modify any of the standards or requirements of this section
when the private streets have been determined to be an integral element of the overall plan and
scheme of the development or will serve to enhance the overall development; provided,
however, that any such waiver shall not be injurious to public health or safety.
• Eagle City Code Section, 9-3-5: Lots:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height and
area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from
the standards within section 8-2-4 of this code may be considered as part of the planned unit
development.
• 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 9-3-10: 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.
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• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
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.
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.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
D. FLOOD CONTROL ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code, Section 10-1-1: Findings of Fact and Purpose:
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:
1. To protect human life and health;
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;
4. To minimize prolonged business interruptions;
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 hazard;
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 that potential buyers are notified that property is in an area of special flood
hazard, warn that city review and approval is not going to prevent flooding and that
flooding may occur, and advise of information available to the city regarding flood
hazards, studies and available options;
8. To ensure that those who occupy the areas of special flood hazard assume responsibility
for their actions;
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9. To provide a formal procedure for evaluation of floodplain development permit
applications;
10. To restrict or prohibit uses which are injurious to health, safety or property in times of
flood, which result in environmental damage, or that cause increased flood heights or
velocities;
11. To minimize the impact of development adjacent to waterways on adjacent properties
upstream, downstream and across waterways;
12. To review development plans for property adjacent to waterways to minimize the
obstruction of the conveyance of floodwaters, review drainage/obstructions to flood
carrying capacity, and guide development adjacent to waterways toward the most
appropriate building envelope for its particular site;
13. To carry out the provisions of the comprehensive plan as well as health, safety and welfare
with regard to properties adjacent to waterways;
14. To review landscaping and access for flood carrying capacity and preservation or
enhancement of riparian vegetation;
15. To allow the river and creeks and their adjacent lands to convey floodwaters to minimize
property damage;
16. To regulate uses in the floodplain for the purpose of preserving, protecting, and enhancing
the abundance and diversity of fish, wildlife and riparian resources; and
17. To protect, preserve and enhance the waterways and floodplains as a recreation resource.
• Eagle City Code Section 10-1-2: Methods of Accomplishing Purpose:
In order to accomplish its purpose, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water
or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;
• Eagle City Code Section 10-1-5: Rules and Definitions:
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain subject to one percent (1%)
or greater chance of flooding in any given year. Designation on maps always includes the letters A
or V. Areas of special flood hazard shall include all areas previously identified within the areas of
special flood hazard (ASFH) that have been excluded from the ASFH by a letter of map revision
(LOMR-F).
DEVELOPMENT: Any manmade change to improved or unimproved real estate including, but
not limited to, the construction of buildings, structures or accessory structures, or the construction
of additions or substantial improvements to buildings, structures or accessory structures; the
placement of mobile homes; mining, dredging, filling, grading, paving, excavation or drilling
operations; and the deposition or extraction of materials; specifically including the construction of
dikes, berms and levees. The term "development" does not include the operation, cleaning,
maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or
drainage works that is performed or authorized by the owner thereof pursuant to lawful rights and
obligations.
LETTER OF MAP CHANGE (LOMC): An official FEMA determination, by letter, to amend or
revise effective flood insurance rate maps, flood boundary and floodway maps, and flood
insurance studies. LOMCs are issued in the following categories:
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A. Letter Of Map Amendment (LOMA): A revision issued by the federal emergency management
agency based on technical data showing that a property was incorrectly included in a
designated special flood hazard area. An LOMA amends the current effective flood insurance
rate map and establishes that a specific property is not located in a special flood hazard area.
B. Letter Of Map Revision (LOMR): A revision based on technical data showing that, usually due
to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway
delineations, and planimetric features. One common type of LOMR, an LOMR-F, is a
determination that a structure or parcel has been elevated by fill above the base flood elevation
and is excluded from the special flood hazard area.
• Eagle City Code Section 10-1-7: Development Permit Requirements:
A. Permit Required: A floodplain development permit shall be obtained and approved before a
building permit is issued for construction or development within any area of special flood
hazard established in Section 10-1-6 of this chapter. The floodplain development permit shall
be for all structures, including manufactured homes, and for all other development, including
fill and other activities, as each are defined in Section 10-1-5 of this chapter. A floodplain
development permit shall be required for any development that could possibly increase or
alter the flood hazard.
• Eagle City Code Section 10-1-8-5: Subdivisions:
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
D. Base flood elevation data shall be provided for subdivision proposals and other proposed
development located within any area of special flood hazard.
E. All subdivision plats shall identify and designate the 100 -year floodplain boundary and the
floodway boundary including a certification by a registered surveyor that the boundaries were
established consistent with the FIRM map (in effect at the time of approval of the plat) 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 lines.
E. DISCUSSION:
• The deviations being requested by the applicant are regarding reduced setbacks and lot sizing. The
proposed development contains lots ranging in size from 6,158 -square feet to 9,024 -square feet.
The minimum lot size for lots within the R-4 (Residential) zoning district is 8,000 -square feet.
• Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes are required to
conform to the closest compatible setbacks within the base zone identified in Eagle City Code
Section 8-2-4. The required setbacks within the R-4 (Residential) zone are as follows:
Front 20 -feet
Rear 25 -feet
Side 7.5 -feet
Street Side 20 -feet
Maximum Coverage 40%
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The applicant has indicated within the provided narrative, date stamped by the city on April 21,
2017, that the market is trending towards a single level home design. The narrative further states,
to accommodate the development's large open spaces and anticipated home buyer desired single
level floor plan space programming, that they are requesting reduced building setbacks as allowed
by the PUD process. The site plan, date stamped by the city on April 21, 2017, shows two (2)
architectural styles of proposed residential dwellings to be located within the development. Both
architectural styles reflect single -story construction. It also appears that the applicant may be
proposing to construct a specific residential product utilizing a contemporary/prairie architectural
style. The proposed setbacks noted on the preliminary plat/preliminary development plan, date
stamped by the city on April 21, 2017, are as follows:
Front 15 -feet, 20 -feet to front load garage and 15 -feet to side load*
Rear 15 -feet
Side 5 -feet (additional 5 -feet for second story)
Street Side Not Applicable
Maximum Coverage 60%
* Lot 17 the front setback to the third garage bay be allowed a 12 -foot setback from back of
sidewalk.
Based on the applicant's narrative referencing single -story structures and the architectural styles
shown on the site plan it is not clear why the applicant is proposing a second story setback. It
should also be noted that all the residential dwellings in the immediate area (with the exception of
one [1]) are single -story dwellings. The residential dwellings located within the project should be
restricted to single story only.
It is staff's opinion that based on 1) the applicant indicating the market is trending towards single
level home design, 2) the applicant has provided architectural styles showing single -story
structures, 3) and the size of the lots, the setbacks and lot coverage should be approved as follows:
Front 15 -feet, 20 -feet to front load garage and 15 -feet to side load
Rear 15 -feet
Side 5 -feet
Street Side Not Applicable
Maximum Coverage 60%
The residential dwellings shall be single -story (20 -feet maximum height).
Staff is not supportive of the requested Lot 17 front setback of 12 -feet (measured from back of
sidewalk to the third garage bay) since in the event a vehicle is parked in front of the garage, the
vehicle would encroach into the sidewalk area.
The residential dwelling elevations shown on the site plan, date stamped by the city on April 21,
2017, appear to be a "Contemporary/Prairie" style of architecture. The applicant should be
required to create an Architectural Control Committee (ACC) as a component of the subdivision
CC&Rs to review the architectural style of the homes to be constructed in the development. The
submittal of the building permit application to the city for each home within the development
should be accompanied by an approval letter from the Architectural Control Committee.
• Plat note #2 of the preliminary plat/preliminary development plan, date stamped by the city on
April 21, 2017, states, "Building setback lines shall be in accordance with the City of Eagle
Zoning Ordinance in effect at time of building permit or as approved with PUD application
." The applicant should provide a revised preliminary plat/preliminary development plan
with plat note #2 revised to state, "Building setback lines shall be in accordance with the City of
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Eagle Zoning Ordinance in effect at time of building permit or as specifically approved." The
revised preliminary plat/preliminary development plan should be provided prior to submittal of
final development plan/final plat applications.
• Plat note #3 of the preliminary plat/preliminary development plan, date stamped by the city on
April 21, 2017, states, "This development is partially within the 100 -year floodplain, but is entirely
above the base flood elevation. A LOMA application to remove the entire property from the
floodplain is in process and shall be approved by the City of Eagle and FEMA prior to
construction approval for this project." The narrative provided by the applicant, date stamped by
the city on April 21, 2017, states "A portion of the site is located within the mapped floodplain
area. The property has been surveyed to determine the entire site is above the base flood elevation
(BFE). A LOMA application is being prepared and will be submitted. A copy of such will be
provided to the city when submitted in the next week. A copy of the LOMA exhibit map is
attached for reference demonstrating the site is above the BFE."
As a submittal requirement for a LOMA (Letter of Map Amendment) application, the applicant is
required to provide a copy of the application to the respective agency having jurisdiction so that
the floodplain administrator may review the application based on the jurisdictions floodplain
ordinance. To date, the referenced LOMA (Letter of Map Amendment) application, has not been
submitted to the city for review. Since the subject site is located within an area of special flood
hazard, a floodplain development permit application is required to be reviewed and approved by
the city prior to the commencement of any development of the subject site. The applicant should
be required to provide a FEMA approved LOMA (Letter of Map Amendment) removing the
property from the area of special flood hazard or provide a floodplain development permit
application to be reviewed and approved by the city prior to commencement of construction on the
site. Also, pursuant to Eagle City Code Section 10-1-8-5(E), subdivision plats associated with
areas that contain an area of special flood hazard must contain a plat 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 boundary lines. The applicant should be
required to provide a revised preliminary plat/preliminary development plan with a new plat note
that states, "This property is located within an area of special flood hazard, sheet flooding can and
will occur and floods of greater magnitude may inundate areas outside identified floodway
boundary lines." The revised preliminary plat/preliminary development plan should be provided
prior to submittal of final development plan/final plat applications.
• The applicant is proposing to construct the subdivision with a private street. The preliminary
plat/preliminary development plan, date stamped by the city on April 21, 2017, shows a street
section 29 -feet in width (measured from back -of -curb to back -of -curb) with an 18 -inch wide
ribbon curb or standard vertical curb where required for drainage and no access is required.
Pursuant to Eagle City Code Section 9-3-2-5(B)(2) vertical curbing shall be provided for streets
that are less than 34 -feet in total width. Although the street section shows ribbon and vertical
curbing the preliminary plat/preliminary plat shows rolled curb and gutter located adjacent to
Taylor Lane in its entirety. The applicant should be required to provide a revised preliminary
plat/preliminary development plan which shows vertical curbing located adjacent to Taylor Lane
with the exception of the driveway areas. Rolled curb with gutter (or formed or cut-out equivalent)
may be utilized for the driveway areas. The revised preliminary plat/preliminary development plan
should be provided prior to submittal of final development plan/final plat applications.
• The street section does not show sidewalks located on either side of the street, however, the
preliminary plat/preliminary development plan shows a sidewalk located on the south side of
Taylor Lane that is detached within the common lots and attached in the areas located adjacent to
the buildable lots. Pursuant to Eagle City Code Section 9-3-2-5, private streets may provide access
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to any parcel or lot provided the Council determines that the private streets are in compliance with
specific standards. Those standards include safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking. Pursuant to Eagle City Code Section 9-2-3-5(B)(3),
sidewalks are required in accordance with Eagle City Code Section 9-4-1-6(F), which based on the
design of the proposed subdivision, separated sidewalks would be required to be constructed on
both sides of the street. The applicant should provide a revised preliminary development
plan/preliminary plat showing sidewalks separated by a minimum 8 -foot wide planter strips
located on both sides of the street prior to submittal of a final development plan/final plat.
• Plat note #10 of the preliminary plat/preliminary development plan, date stamped by the city on
April 21, 2017, states, "The following lots are designated as common area lots: Lot 1, Lot 7, Lot 8,
Lot 11, Lot 14, Lot 18, Lot 19, Lot 20, Block 1. Lot 19 is a private road lot. Plat note #11 states,
"A cross access easement for individual lot access to public right-of-ways will be provided over all
private road common lots. The proposed homeowners association will own the private roads and
common lots and will be responsible for all maintenance requirements associated with said lots."
Although plat notes #10 and 11 address a cross access easement and homeowners association
responsibility of maintenance of the lots containing the private roads and common areas, the plat
notes do not properly address the required plat notes associated with private roads. Pursuant to
Eagle City Code Section 9-3-2-5(C)(2) notes shall be included on the face of the plat which shall:
a) Act to convey to each lot owner within the subdivision to be served by the private street the
perpetual right of ingress and egress over the described private street; b) Provide that such
perpetual easement shall run with the land; and c) Provide that the restrictive covenant for
maintenance of the private street cannot be modified and the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the city. The
applicant should provide a revised preliminary plat/preliminary development plan with a plat note
that a) conveys to each lot owner within the subdivision to be served by the private streets the
perpetual right of ingress and egress over the described private street, b) provide that such
perpetual easement shall run with the land, c) provide that the restrictive covenant for maintenance
of the private street cannot be modified and the homeowners'/property owners' association or
other entity cannot be dissolved without the express consent of the city. The revised preliminary
plat/preliminary development plan should be provided to the City prior to submittal of final
development plan/final plat applications.
As noted within plat note #11, the homeowners association will also be responsible for the
driveway maintenance within Lots 8 and 14, Block 1, which provide access to a total of four (4)
buildable lots consisting of Lots 9 and 10, which accesses from Lot 8, and Lots 12 and 13, which
accesses from Lot 14. As noted the other nine (9) property owners residing within the subdivision
would be responsible for the maintenance of driveways that they will not utilize other than access
to Common Lot 7. Since the residents of the subdivision will have to utilize the driveway located
within Lot 8, Block 1 to access the common lot (Lot 7, Block 1) the subdivision residents should
be responsible for the maintenance of the improvements located within Lot 8, Block 1. Regarding
Lot 14, Block 1, the applicant should remove the reference to 12 and 13, Block 1, from plat note
#10. The applicant should provide a revised preliminary plat/ preliminary development plan with a
new plat note that identifies Lot 14, Block 1 as a common lot/shared driveway that a) conveys to
the lot owners of Lots 12 and 13, Block 1, a perpetual easement for the right of ingress and egress
over Lot 14, Block 1, b) provide that the easement runs with the land, c) provide that the owners of
Lots 12 and 13, Block 1, should be responsible for the maintenance of the driveway and common
lot, and d) provide that a restrictive covenant for maintenance of the common lot and driveway
cannot be modified without the express written consent of the city. The revised preliminary
plat/preliminary development plan should be provided prior to submittal of final development
plan/final plat applications.
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• Plat note #12 of the preliminary plat/preliminary development plan, date stamped by the city on
April 21, 2017, states, "This development proposes 100% private streets to be owned and operated
by the Feldspar Subdivision HOA."
Pursuant to Eagle City Code Section 9-3-2-5(C)(3), a restrictive covenant for repair and
maintenance of the private street shall be recorded at the time of recording the plat which said
covenant shall create a homeowners'/property owners' association or substantially similar entity
and make provision for the perpetual maintenance of the private street in accordance with the
approved plan as provided for in subsection C 1 of this section. Said restrictive covenant shall also
provide that the said covenant shall run with the land and that the said covenant cannot be
modified and that the homeowners'/property owners' association or other entity cannot be
dissolved without the express consent of the city. The said restrictive covenant shall be reviewed
and approved by the city attorney prior to certification and signing of the final plat by the city
engineer. The applicant should be required to provide a restrictive covenant within the CC&R's
addressing repair and maintenance of the private streets pursuant to Eagle City Code Section 9-3-
2-5(C)(3). The restrictive covenant should be reviewed and approved by the City Attorney and the
City Engineer prior to the City Engineer signing the final plat.
• The Eagle Fire Department provided correspondence, date stamped by the City on May 16, 2017,
which indicated that roads more than 26 -feet in width but less than 32 -feet in width shall be posted
on one side "No Parking Fire Lane." The correspondence further states that the fire department
would not recommend the street being private since enforcement with parking restrictions cannot
be enforced by the Eagle Police Department or the Eagle Fire Department on private roadways.
The applicant should be required to post one (1) side of the private streets with "No Parking -Fire
Lane" signs. The locations and styles of signs should be approved by the Eagle Fire Department
prior to posting of the signs. The "No Parking -Fire Lane" signs should be posted prior to the City
Clerk signing the final plat. The correspondence also states that, "Common Lot 14 (Shared
Driveway) is approximately 160 -feet in length. Dead ends longer than 150 -feet in length require a
turnaround. A fire department approved turnaround shall be installed in accordance with section
503 and Appendix D of the 2012 International Fire Code. The driveway will also have to be
posted "No Parking Fire Lane" on both sides as it is only 20 -feet in width in accordance with
Appendix D, Sections D103.6 and D103.6.1 of the 2012 International Fire Code. The applicant
should be required to comply with the posting of "No Parking Fire Lane" signage and driveway
turnaround requirements as identified in correspondence received from the Eagle Fire Department,
date stamped by the city in May 16, 2017. The required signage and turnaround should be
provided prior to the City Clerk signing the final plat.
• Plat note #13, of the preliminary plat/preliminary development plan, date stamped by the city on
April 21, 2017, states, "Pressurized irrigation to be provided by the Feldspare[sic] Subdivision
HOA." The plat note does not address the operation and maintenance of pressurized irrigation
system. The applicant should provide a revised preliminary plat/preliminary development plan
with plat note #13 revised to state, "The pressurized irrigation system shall be owned and
maintained by the Feldspar Subdivision homeowners association." The revised preliminary
development plan/preliminary plat should be provided prior to submittal of final development
plan/final plat applications.
• The preliminary development plan/preliminary plat, date stamped by the city on April 21, 2017,
delineates an existing barn (demo) and carport (demo) located on Lot 3, Block 1. The applicant
should be required to obtain a demolition permit from the City of Eagle Building Department prior
to removal of the structures. The driveway providing access to the existing barn and driveway
should be removed. The existing barn, carport, and driveway should be removed prior to the City
Clerk signing the final plat.
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• The preliminary development plan/preliminary plat, date stamped by the city on April 21, 2017,
shows two (2) street lights located within the subdivision. The first streetlight is located on the
south side of Taylor Lane approximately 120 -feet from the intersection of Taylor Lane and North
Taylor Street. The second street light is located on the south side of Taylor Lane approximately
250 -feet from the intersection of Taylor Lane and North Taylor Street. The preliminary plat does
not show a street light located at the intersection of Taylor Lane and North Taylor Street. The
applicant should be required to provide a revised preliminary development plan/preliminary plat
showing a street light located at the intersection of Taylor Lane and North Taylor Street. The
revised preliminary development plan/preliminary plat should be provided prior to submittal of a
design review application.
DISCUSSION (Provided within the staff memo, dated October 27, 2017):
• On July 25, 2017, the City Council conducted a public hearing associated with the subject
application. Upon completion of the public testimony, the City Council remanded the application
to staff and provided direction to the applicant to address the following items:
1. The proposed setbacks should be in conformance with Eagle City Code.
2. Provide a revised preliminary plat/preliminary development plan showing the sidewalk located
on one side of the street and separated from the street by a minimum eight foot (8') wide
planter strip.
3. No residential dwellings should exceed a single -story.
4. The site should have a six-foot (6') high privacy fence located on the north, east, and south
property lines.
5. The common driveway that provides access to the lots located adjacent to the southeast corner
of the development should be shortened and should not be utilized for future access to the
property located south of the development.
6. A fire hydrant should be located at the intersection of Taylor Street and Taylor Lane.
• Item #1 and #3
The preliminary plat/preliminary development plan cover sheet/site plan, date stamped by the city
on October 16, 2017, identifies the proposed setbacks and dimensional standards. The applicant's
narrative, date stamped by the city on October 24, 2017, indicates that, based on the reduction of
one (1) lot, and limiting the height of the dwellings to single -story, the setback reduction request
should be granted. The setbacks identified on the preliminary plat are as follows:
Front 15 -feet, 20 -feet to front load garage and 15 -feet to side load
Rear 15 -feet
Side 5 -feet (additional 5 -feet for second story)
Street Side Not Applicable
Maximum Coverage 60%
The preliminary plat/preliminary development plan cover sheet/site plan also notes a maximum
height of 20 -feet (single story only) for the residential dwellings.
The City Council directed the applicant to show the setbacks in conformance with Eagle City
Code. Pursuant to Eagle City Code Section 8-2-4, the setbacks for the R-4 (Residential) zoning
district are as follows:
Front 20 -feet
Rear 25 -feet
Side 7.5 -feet (additional 5-feet/story)
Street Side 20 -feet
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Maximum Coverage 40%
Based on the City Council's direction, the applicant should be required to provide a revised
preliminary plat/preliminary development plan cover sheet/site plan identifying the setbacks to be
in conformance with the required setbacks for the R-4 (Residential) zoning district. Therefore, site
specific condition of approval #7 as recommended by the Planning and Zoning Commission
should be stricken (except for the language associated with the height of the residential dwellings
to not exceed a single -story [20 -feet maximum height]). Site specific condition of approval #7
should be amended as follows:
lead
Rep
Jas
seeend-stern
Street-Sida
Maximum Coveri,a
The residential dwellings shall not
exception of Lots 15 17. Block 1. Tw
1 L fa , gs ar.J 1 i feette-side
1Sf:rt
f:, nt, additional 5 fcet nor story. measured to the
tIst-Applicable
50%
exceed single -story (20 -feet
maximum height)., with the
• Item #2
The revised preliminary plat/preliminary development plan cover sheet/site plan shows the
sidewalk located on the south side of Taylor Lane is separated by an eight foot (8') wide planter
strip, with the exception of the area located adjacent to the cul-de-sac.
• Item #4
Pursuant to the City Council's direction and site specific condition of approval #30 (contained
within the Planning and Zoning Commission's findings of fact and conclusions of law) the
applicant is required to install solid privacy fencing located adjacent to the perimeter of the
subdivision. The applicant's narrative, date stamped by the city on October 16, 2017, indicates the
applicant is requesting approval to install a solid fence with the top quarter of the fence being open
style adjacent to the Seventh Day Adventist Church located south of the property. The staff will
defer to the City Council regarding the request.
• Item #5
The applicant's narrative, date stamped by the city on October 16, 2017, indicates the common
driveway providing access to the southeast portion of the development was shortened by adding a
common lot (Lot 15) adjoining the property to the south. The narrative further states, if there were
an access way to the south, it would be a gated emergency access and grasscrete (or equivalent)
would be installed. The fire department is not requiring emergency access to the subdivision,
therefore, emergency access is not warranted. To comply with the City Council's direction on this
item staff recommends a site specific condition of approval be added that requires that Lot 15
should not be utilized as access point and should be landscaped with natural grass, shrubs, and/or
trees.
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• Item #6
The revised preliminary plat/preliminary development plan preliminary engineering plan shows a
fire hydrant located at the intersection of Taylor Street and Taylor Lane.
In addition to the City Council's direction to the applicant, the revised preliminary plat/preliminary
development plan submitted on October 16, 2017, also shows one (1) buildable lot has been
removed from the proposed development and there are no lots below the minimum lot size of
8,000 -square feet associated with the R-4 (Residential) zoning district.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the conditional use permit,
preliminary development plan and preliminary plat with the site specific conditions of approval and
standard conditions of approval as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their
recommendation on June 5, 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 five (5) individuals who voiced the following concerns:
• The proposed density is too high for the area.
• There will be an increase of traffic on Taylor Street which provides the only access to the site.
• During the construction of the subdivision the potable water well serving the adjacent subdivision
may be negatively affected.
• The existing infrastructure located adjacent to Taylor Street may be affected.
• The proposed streetlights may create light trespass on the adjacent properties.
• The proposed subdivision will cause parking issues within the area in proximity to the site.
• The number of two-story homes allowed within the subdivision should be limited.
• The developer should be required to provide assurances that the existing potable well serving the
adjacent subdivision will not be affected.
• The views that the current residences enjoy will be affected.
• Noise from the residents residing within the subdivision will be an issue.
• Drainage from the subdivision will be an issue.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by six (6) individuals who indicated and/or requested the following:
• The applicant should be required to construct solid privacy fencing located adjacent to the
subdivision boundary.
• There should be no access through the common lot to the adjacent church site.
• The proposed subdivision should have more than one access point.
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• Solid fencing should be installed along the east boundary of the site to minimize dust/dirt blowing
on the adjacent properties. The fencing should be installed prior to construction of the subdivision.
• The potable water well serving the adjacent subdivision may be affected during the construction of
the subdivision.
• The proposed subdivision will cause an increase in traffic on Taylor Street.
• The proposed private street should be named differently.
• The applicant should be required to place a fire hydrant at the intersection of Taylor Street and
Taylor Lane.
COMMISSION DELIBERATION: (Granicus time 3:32:20)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The development is designed well based on the irregular shape of the parcel.
• The project is designed to be harmonious with the surrounding area.
• The development should not have access to Cobblestone Lane.
• The proposed subdivision is in conformance with the comprehensive plan and Eagle City Code,
therefore, the findings may be achieved to support the approval of the applications.
• The applicant should be required to install a fire hydrant at the intersection of Taylor Street and Taylor
Lane.
• The applicant should be required to install privacy fencing located adjacent to the perimeter of the
subdivision.
• The applicant should take measures to avoid impacting the potable well located in proximity to the
site.
• The possibility of removing Lot 21 and reducing the density of the development.
• The applicant should be permitted to construct two-story homes on Lots 15-17, Block 1.
• The applicant has addressed the concerns that were brought forth by the neighbors during the public
hearing.
COMMISSION DECISION:
The Commission voted 4 to 0 (Villegas absent) to recommend approval of Feldspar Subdivision for Eagle
Single Family, LLC, with the following staff recommended site specific conditions of approval and
standard conditions of approval as provided within their findings of fact and conclusions of law document,
dated June 19, 2017.
PUBLIC HEARING OF THE COUNCIL (The testimony summarized below is from both public
hearings):
A. A public hearing on the application was held before the City Council on July 25, 2017, at which time
testimony was taken and the public hearing was closed. The Council provided direction to the
applicant (requested changes) and remanded the application to staff and directed staff to schedule
another public hearing to consider said changes. The applicant provided a revised narrative and revised
preliminary plat/preliminary development plan, date stamped by the city on October 16, 2017. The
applications and revisions came before the Eagle City Council for their action on November 14, 2017,
at which time public testimony was taken and the public hearing was closed. The Council made their
decision at that time.
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B. Oral testimony in favor of the applications was presented to the City Council by no one (not including
the applicant/ representative).
C. Oral testimony in opposition to the applications was presented to the Council by four (4) individuals
who voiced the following concerns:
• The proposed density is too high for the area.
• The proposed lot sizes are smaller than the lot sizes located within the immediate vicinity of the
proposed development.
• The proposed architecture of the homes is not compatible with the existing homes located within
the immediate area.
• The development should be restricted to single -story homes since there is only one other two-story
home located within the immediate area.
• The proposed development is not compatible with the adjacent neighborhood.
• The common well serving the residents living on Taylor Street may be damaged during
construction.
• There are no sidewalks located within the immediate area to provide a safe place for children to
walk.
D. Oral testimony neither in favor of nor in opposition to was presented to the Council by eight (8)
individuals who indicated and/or requested the following:
• The adjacent neighbors would like a six-foot (6') high solid fence for privacy and to keep the pets
coming from the proposed development off their property.
• The residents of the proposed development should not have the ability to utilize Cobblestone Lane
for access.
• The existing common well serving the residents in the area needs to be protected.
• The solid privacy fence located along the perimeter of the project may have lattice located on the
upper portion.
• The residents living within Dell Subdivision (Taylor Street) inquired of their legal rights if the
common well serving the subdivision fails.
• The adjacent neighbor who is providing access for the potable water line indicated they receive
water from a well. They also discussed the neighborhood meeting and maintenance of the road.
• The revised preliminary development plan/preliminary plat resolves most concerns, however, the
proposed setbacks are not compatible with the existing neighborhood.
• The applicant should be required to provide a sidewalk along Taylor Street so children may walk
safely to the bus stop.
• The potable water line should be located adjacent to Taylor Street from Taylor Lane to the north
property line.
• The applicant should be required to remove Lot 17 and make the remaining lots larger.
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COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-03-17/PPUD-02-17/PP-02-17 for Feldspar Subdivision
(Preliminary Plat — Exhibit "A") for Eagle Single Family, LLC, with the following Planning and Zoning
Commission and staff recommended site specific conditions of approval and standard conditions of
approval (as identified in the staff memo, dated October 27, 2017), with underline text to be added by the
Council and strike through text to be deleted by the Council:
1. Comply with all requirements of the City Engineer.
2. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project upon receipt of an invoice by the city or prior to the City Clerk signing the final plat,
whichever occurs first. (ECC 9-2-3[C][3][l])
3. 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
ECC Section 8-2A-7 (J).
4. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb or 5 -feet from the back of curb on the north side of Taylor Lane. Prior to the
City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation
or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and
irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial
reduction of the surety may be permitted for any portion of the development that is completed,
including street trees that have been installed. On-going surety for street trees for all undeveloped
portions of the development will be required through project completion.
5. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal by the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to
protect all trees that are to be preserved, prior to the commencement of any construction on the site.
6. The applicant shall submit a design review application including, but not limited to: 1) proposed
subdivision signage, 2) planting details within the proposed and required landscape islands and
knuckles and all common areas throughout the subdivision 3) building elevations for all proposed
common area structures and irrigation pump house, 4) landscape screening details of the irrigation
pump house, 5) useable amenities such as picnic tables, covered shelters, benches, playground
equipment, gazebos, and/or similar amenities. The design review application shall be reviewed and
approved by the Design Review Board prior to the submittal of final development plan/final plat
applications.
7.
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15 fact, 20 fcct to front load garage and 15 fcct to side load
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5.
Net -Applicable
6044
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The residential dwellings shall not exceed single -story (20 -feet maximum height), with the exception
of Lots 15 17, 1.T -
on Lots 15 17, Block 1.
8. Aa "Contemporary/Prairie" style of architecture (Exhibit "B") will
shall be utilized within this development. The applicant shall create an Architectural Control
Committee (ACC) as a component of the subdivision CC&Rs to review the architecture style of the
homes to be constructed in this development. Provisions regarding the creation and operating
procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the
city prior to the City Clerk signing the final plat.
9. The submittal of the building permit application to the city for each home within the development shall
be accompanied by an approval letter from the Architectural Control Committee. Building permits
applications that do not have an approval letter attached will not be accepted.
10. To assure compliance with the PUD conditions of approval herein, the City reserves the right to deny,
at its discretion, any building permit application that does not meet the architectural requirements (as
required in site specific condition of approval #8 above) of the PUD.
11. Provide a revised preliminary plat/preliminary development plan with plat note #2 revised to state,
"Building setback lines shall be in accordance with the City of Eagle Zoning Ordinance in effect at
time of issuance of a building permit or as specifically approved." The revised preliminary
plat/preliminary development plan shall be provided prior to submittal of final development plan/final
plat applications.
12. Provide a revised preliminary plat/preliminary development plan which shows vertical curbing located
adjacent to Taylor Lane with the exception of the driveway areas. Rolled curb with gutter (or formed
or cut-out equivalent) may be utilized for the driveway areas. The revised preliminary plat/preliminary
development plan shall be provided prior to submittal of final development plan/final plat applications.
(ECC 9-3-2-5[B][2])
13. - - - srt Thiel -pc
s m Intk
development plan/final plat. (ECC 9 1 1 6[F]) A minimum five-foot (51 wide sidewalk separated by a
minimum eight -foot (81 wide planter strip shall be located on the south side of Taylor Lane. The
sidewalk may be attached to the street located adiacent to the cul-de-sac.
14. Provide a revised preliminary plat/preliminary development plan with a plat note that a) conveys to
each lot owner within the subdivision to be served by the private streets the perpetual right of ingress
and egress over the described private street, b) provide that such perpetual easement shall run with the
land, c) provide that the restrictive covenant for maintenance of the private street cannot be modified
and the homeowners'/property owners' association or other entity cannot be dissolved without the
express consent of the city. The revised preliminary plat/preliminary development plan shall be
provided to the City prior to submittal of final development plan/final plat applications. (ECC 9-3-2-
5[C][2])
15. Remove the reference to Lots 12 and 13, Block 1, from plat note #10. Provide a revised preliminary
plat/ preliminary development plan with a new plat note that identifies Lot 14, Block 1 as a common
lot/shared driveway that a) conveys to the lot owners of Lots 12 and 13, Block 1, a perpetual easement
for the right of ingress and egress over Lot 14, Block 1, b) provide that the easement runs with the
land, c) provide that the owners of Lots 12 and 13, Block 1, should be responsible for the maintenance
of the driveway and common lot, and d) provide that a restrictive covenant for maintenance of the
common lot and driveway cannot be modified without the express written consent of the city. The
revised preliminary plat/preliminary development plan shall be provided prior to submittal of final
development plan/final plat applications.
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16. Comply with the posting of "No Parking Fire Lane" signage and driveway turnaround requirements as
identified in correspondence received from the Eagle Fire Department, date stamped by the city on
May 16, 2017. The required signage and turnaround shall be provided prior to the City Clerk signing
the final plat.
17. Provide a revised preliminary plat/preliminary development plan with plat note #13 revised to state,
"The pressurized irrigation system shall be owned and maintained by the Feldspar Subdivision
homeowners association." The revised preliminary development plan/preliminary plat shall be
provided prior to submittal of final development plan/final plat applications.
18. Provide a revised preliminary plat/preliminary development plan with a new plat note that states, "This
property is located within an area of special flood hazard, sheet flooding can and will occur and floods
of greater magnitude may inundate areas outside identified floodway boundary lines." The revised
preliminary plat/preliminary development plan shall be provided prior to submittal of final
development plan/final plat applications.
19. Provide a revised preliminary development plan/preliminary plat showing a street light located at the
intersection of Taylor Lane and North Taylor Street. The revised preliminary development
plan/preliminary plat shall be provided prior to submittal of a design review application.
20. Provide a FEMA approved LOMA (Letter of Map Amendment) removing the property from the area
of special flood hazard or provide a floodplain development permit application to be reviewed and
approved by the city prior to commencement of construction on the site.
21. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk
signing the final plat. (ECC 9-4-1-8)
22. Provide documentation from Central District Health Department indicating the individual wells
located on the site were properly abandoned. The documentation shall be provided prior to the City
Clerk signing the final plat.
23. The applicant shall be required to obtain the proper permit and subsequently abandon the existing
septic system and drainfield located on-site. Upon removal the applicant shall provide documentation
from Central District Health Department indicating the septic system and drainfield were properly
abandoned prior to the City Clerk signing the final plat.
24. The applicant shall be required to obtain a demolition permit from the City of Eagle Building
Department prior to removal of the existing barn and carport. The driveway providing access to the
existing barn and driveway shall be removed. The existing barn and carport shall be removed prior to
the City Clerk signing the final plat.
25. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system, street lights, shared driveway nrovidins access to a common lot (Lot
8), and all common landscape areas in a competent and attractive manner, including the watering,
mowing, fertilizing and caring for shrubs and trees in perpetuity. The CC&Rs shall contain a provision
that the sections governing the aforementioned items cannot be removed without the express consent
of the city. (ECC 9-3-8[D][4][a])
26. Provide an operation and maintenance manual that also provides a funding mechanism for the
replacement of pumps associated with the pressurized irrigation system. The operation and
maintenance manual shall be submitted with the final development plan/final plat applications. (ECC
9-4-1-6[C])
27. Feldspar Subdivision shall remain under the control of one Homeowners Association. (ECC 9-3-
8[D] [4])
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28. All plat notes that are required on the preliminary development plan/preliminary plat shall be
transferred to the final plat prior to submittal of final development plan/final plat applications.
29. The applicant shall be required to install a fire hydrant at the intersection of Taylor Street and North
Taylor Lane.
30. The applicant shall be required to install solid privacy fencing located adjacent to the perimeter of the
subdivision. The solid privacy fencing shall be reviewed and approved by the Design Review Board
prior to submittal of the final development plan/final plat applications. In the event the adiacent
property owner(s) located to the south reauest solid fencing with one -foot (1') of lattice located within
the upper area of the fence, the applicant shall provide written correspondence from the adiacent
property owner approving the proposed style of fencing.
31. Lot 15 shall not be utilized as an access point and shall be landscaped with natural grass, shrubs,
and/or trees.
32. In the event the applicant is permitted to install a potable water line within Cobblestone Lanethe
preliminary plat/preliminary development plan, date stamped by the city on November 14, 2017, is
approved as an alternative (Exhibit "C").
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. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
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See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.The applicant shall delineate on the face of the final plat an
easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light
fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City
Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
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requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
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 Pathways
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 staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
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24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
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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 conditional use permit,
preliminary development plan, and preliminary plat (CU-03-17/PPUD-02-17/PP-02-17) and based
upon the information provided concludes that the proposed development is in accordance with the City
of Eagle Comprehensive Plan and established goals and objectives because:
a. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
The proposed development will provide a housing type that has proven demand within the city.
The proposed development will advance the general welfare of the community and neighborhood
since it is designed to be in conformance with the Comprehensive Plan. A variety of lot and home
sizes are being proposed to address homeowner's needs and income levels.
b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
The development is designed primarily as a single -level home development, similar to many of the
surrounding homes in the area. The existing adjoining older developments contain some larger lots
than proposed here, but do not contain common open space such as proposed with this
development for community use and enjoyment. The architectural design of the proposed homes is
fitting of today's market style demand. Based on the single -level home development for the site
and the comparable density the proposed development is harmonious with the immediate vicinity.
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
The development is planned to consist of residential uses only, it is not anticipated that any uses or
activities will be detrimental to existing or future neighborhoods.
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The development is planned to consist of residential uses only, it is not anticipated that any uses or
activities will be detrimental to the surrounding properties upon completion of the site work.
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are either available to the site or will be as conditioned herein, as noted within
the letters provided by the agencies having jurisdiction over the site. Development of sewer, water,
drainage, streets, and other urban services will be provided at the developer's expense. The tax
revenue generated from the homeowners within the subdivision will offset additional costs to
public services that will serve this development. ACHD, Eagle Fire, Eagle Sewer District,
Republic Services and Eagle Water Company have reviewed the proposed development and
indicate that capacity exists to adequately serve this development.
Page 32 of 34
K \Planning Dept\Eagle Applications\Preliminary Development Plans\201 TFeldspar Sub ccfdoc
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non -PUD proposal.
The development contains dedicated open space with a picnic area and a community garden. The
development is located partially within a mapped floodplain area, which was removed from the
floodplain area through a Letter of Map Amendment (LOMA) application process.
h. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
Access is to the development is provided via an existing public road (Taylor Street).
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
There are no known such features to be lost or damaged.
That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development is in accordance with the Comprehensive Plan Land Use Map
designation of Residential Four.
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This applicant has requested approval for a development agreement and a PUD as outlined in
Eagle City Code and satisfies those requirements as well as will be required to meet the conditions
herein. In addition, the applicant will be required to submit an application for design review and
comply with all Eagle City Codes and conditions of approval of the design review. The proposed
development will include single-family residential units with lot layout as shown on the
preliminary development plan.
I. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
Single family residential is the only use approved for this development.
g.
J.
Page 33 of 34
K \Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Feldspar Sub ecf doc
DATED this 28th day of November, 2017
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
-70e'
Stan Ridgeway, Mayor
ATTEST:
112c.
--Sharon K. Bergmann, Eagle City jerk
Page 34 of 34
K \Planning Dept\Eagle Applications\Preliminary Development Plans\201 TFeldspar Sub ccf doc
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