Findings - CC - 2016 - PP-14-13MOD - Overton Acres Subd/6 Lot/4.66 Acre/2145 S Locust Grove RdBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A MODIFICATION TO THE
PRELIMINARY PLAT FOR OVERTON
ACRES SUBDIVISION FOR VINCE
KOUBA
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP -14 -13 MOD
The above - entitled preliminary plat modification application came before the Eagle City Council for their
action on February 23, 2016, at which time public testimony was taken and the public hearing was closed.
The Council, having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Vince Kouba, represented by Pat Tealey with Tealey's Land Surveying, is requesting a
modification to the preliminary plat for Overton Acres Subdivision, a 6 -lot (4- buildable, 2-
common) residential development. The applicant is requesting the modification to convert the
previously approved public street to a private street and to remove two (2) common lots. The 4.66 -
acre site is located on the west side of South Locust Grove Road approximately 1,000 feet north of
Chinden Boulevard at 3145 South Locust Grove Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on -site at 6:00 PM, on Monday, November 23, 2015, in
compliance with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on November 30, 2015,
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
February 8, 2016. Notice of this public hearing was mailed to property owners within three -
hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on February 1, 2016. Requests for agencies' reviews
were transmitted on December 13, 2013 (with the previously approved Overton Acres Subdivision
application [PP- 14 -13]), in accordance with the requirements of the Eagle City Code. The site was
posted in accordance with the Eagle City Code on February 3, 2016.
D. HISTORY OF PREVIOUS ACTIONS:
On December 12, 2006, the Eagle City Council approved a rezone and preliminary plat application
for Overton Acres Subdivision (RZ- 18- 06/PP- 17 -06). The City Council findings of fact and
conclusions of law were adopted on January 9, 2007.
On January 9, 2008, the Overton Acres Subdivision preliminary plat expired.
On March I3, 2007, the Eagle City Council approved a design review application for the common
area landscaping within Overton Acres Subdivision (DR- 02 -07).
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On March 14, 2008, the design review approval for Overton Acres Subdivision expired.
On February 25, 2014, the Eagle City Council approved a new preliminary plat application for
Overton Acres Subdivision (PP- I4 -13). The City Council findings of fact and conclusions of law
were adopted on March 11, 2014.
On March 11, 2015, the Overton Acres Subdivision preliminary plat expired.
On October 27, 2015, the City Council approved a preliminary plat extension of time until March
11, 20I6.
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site - 4.66 -acres
Total Number of Lots - 6
Total Number of Units - 4
Residential - 4
Commercial - 0
Industrial - 0
Common - 2
Single- family - 4
Duplex - 0
Multi - family - 0
Total Acreage of Any Out - Parcels — 0
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Residential One
R -1 -DA (Residential up to
one unit per acre with a
Residence with pasture
development agreement)
Proposed
Residential One
No Change
Residential
North of site
Residential One
R -1 (Residential up to one
Residential (Carlene
unit per acre)
Estates Subdivision)
South of site
Residential One
R -1 (Residential up to one
Residential (Spyglass
unit per acre)
Subdivision)
East of site
Residential One
R -1 -P (Residential up to one
Residential (Banbury
unit per acre with a PUD)
Subdivision)
West of site
Residential One
R -1 (Residential up to one
Residential (Spyglass
unit per acre)
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site - 4.66 -acres
Total Number of Lots - 6
Total Number of Units - 4
Residential - 4
Commercial - 0
Industrial - 0
Common - 2
Single- family - 4
Duplex - 0
Multi - family - 0
Total Acreage of Any Out - Parcels — 0
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Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
0.97 -units per acre
1 -unit per acre maximum
Minimum Lot Size
37,009- square feet
37,000- square feet
Minimum Lot Width
154 -feet
100 -feet
Minimum Street Frontage
126 -feet
35 -feet
Total Acreage of Common Lots
0 -acres
0 -acres (minimum)
Percent of Site as Common Area
0% =0%
(minimum)
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening: None
Open Space: None
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,
will be developed in the drainage easements. Also, the CC &Rs are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9 -3 -6 requires utility and drainage easements to be not less than 12 -feet
wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On -site Septic System (yes or no) — Yes
The existing home is currently served by a septic system.
Preservation of Existing Natural Features:
Eagle City Code Section 9 -3 -8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the
subdivision. Mature trees are located throughout the site and are to be saved where possible.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
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J. STREET DESIGN:
Private Streets:
The preliminary plat, date stamped by the City on November 30, 2015, shows the street section for
the private street with a 60 -foot wide street section inclusive of a 24 -foot wide travel way inclusive
and 16 -foot wide easement area located on the north side of the street. The 24 -foot wide travel way
is inclusive of two 12 -foot wide travel lanes with no curbing. The street section also shows a 20-
foot wide landscape easement located adjacent to the south side of the street.
Applicant's Justification for Private Streets (if proposed):
The applicant provided a narrative, date stamped by the City on November 30, 2015 (attached to
the staff report), which indicated that the site is surrounded by large lot developments. The
adjacent developments do not provide any pathway or street connectivity to the subject property.
Additionally, during the original Overton Acres Subdivision review and approval, ACHD
recommended that the internal road serving the site should be private.
Blocks Less Than 500': none
Cul -de -sac Design:
The preliminary plat, date stamped by the City on November 30, 2015, shows an alternative type
of turnaround (hammerhead) located on the north side of Tueller Lane. The hammerhead is located
on the north side of the proposed private street (Tueller Lane) approximately 325 -feet west of the
point Tueller Lane intersects South Locust Grove Road.
Sidewalks:
Sidewalks, which meet the design requirements of Eagle City Code and the Ada County Highway
District, are proposed to be located adjacent to South Locust Grove Road. No sidewalks are
proposed adjacent to Tueller Lane.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for South
Locust Grove Road.
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 will be required to be reviewed and approved by the Ada County Street Name
Committee.
K. ON AND OFF -SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths:
Eagle City Code section 94-1 -7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right -of -way or separate easement, as may be specified by the City Council.
L. PUBLIC USES PROPOSED: none
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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N. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern -- none
Evidence of Erosion -- no
Fish Habitat - no
Floodplain - no
Mature Trees - yes - in proximity to the existing residence
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life -- no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the engineer's letter dated December 8, 2015, are of special
concern (attached to the staff report).
Ada County Highway District (provided with original approval, date stamped by the City on
January 15, 2014).
Eagle Fire Department
Q. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 6 d Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Residential One
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to I unit per I acre.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8- 2A -7(J): Buffer Areas /Common Lots:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi - family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way Iine of
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the adjacent roadway. This buffer is required as part of the common area open space
owned and maintained by a homeowners' association. Any landscaping proposed to be
within the public right of way shall not be included as a part of the buffer area required
below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway (measured at the centerline) to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of
way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2) flowering/ornamental trees,
provided that not more than fifty percent (50 %) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (T) high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided in combination with the berm, a four foot (4') wide flat area
shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9 -3 -2: Streets and Alleys:
• EagIe City Code Section 9- 3 -2 -1: Location and Design:
Streets and road location and design shall conform to the following standards:
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.
1. Private Streets: Private streets that provide access to no more than ten percent (10 %) of the
lots may be permitted within planned unit developments provided that the standards
within section 9 -3 -2 -5 of this chapter are met.
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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 no more than ten percent (10 %) of the
lots within a planned unit development 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.
7. The use or alignment of the private streets does not interfere with the continuity of
public streets.
S. 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:
I. 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 -617 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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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.
G. 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 -1G
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.
The design of all private streets and related storm drainage facilities shall be prepared
by a Iicensed 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 homeownersYproperty owners' association or other entity
cannot be dissolved without the express consent of the city.
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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 Cl of this section. Said restrictive
covenant shall also provide that the said covenant shall run with the Iand 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.
• 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 (I2'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 94-1 -6: Pedestrian/Bicycle Pathway and Sidewalk Requirements:
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.
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.
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4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor
variations to the location of a tree may be considered by the design review board during
the review of the subdivision landscape plan.
5. If sidewalk is required on one side of each street only (as provided for in subsection F1 of
this section), then the trees on the side of the street with no sidewalk shall be placed within
five feet (N) of the edge of roadway.
• Eagle City Code Section 9- 4 -1 -8: Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 94-1 -12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with Section 8-2A -7 of this code shall be required for
the protection of residential properties from streets classified as collectors, arterials,
freeways /expressways, waterways, railroad rights of way or other features. Subdivision plats
shall show the location of all buffer areas.
D, DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.5 The Property Owners shall remove all existing structures (with the exception of the residential
dwelling) located on Lot 2, Block 1 from the site prior to the issuance of any building permits
for the site. Demolition permits shall be obtained prior to the removal of said structures.
2.6 Prior to signing of the final plat, the Property Owner shall provide proof of adequate sewer
service to the proposed residential uses. A letter of approval shall be provided to the City from
the Idaho Department of Health, Division of Environmental Quality, and/or Central District
Health, prior to the City Clerk signing the final plat.
E. DISCUSSION:
The applicant is requesting approval of a preliminary plat modification for Overton Acres
Subdivision to convert the previously approved public street to a private street and to remove
two (2) common lots. The preliminary plat was previously approved as a 6 -lot (4- buildable, 2-
common) residential subdivision with an internal public street providing connectivity to North
Locust Grove. The originally approved common lots contained the required buffer area located
adjacent to North Locust Grove Road and a twenty foot (20') wide common lot located
adjacent to the southern boundary of the proposed subdivision.
Pursuant to Eagle City Code Section 9- 3- 2 -5(A), private streets may provide access to no more
than 10- percent (10 %) of the lots within a planned unit development 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; private streets do not adversely affect access to adjacent property and to the area
travel networks; private streets do not land lock adjacent property; the private streets do not
connect one public street to another, and the alignment of the private streets does not interfere
with the continuity of public streets. Staff will defer to the Council regarding the approval of
this request. Should the Council approve the development with a private street, the applicant
should provide a revised preliminary plat which contains a plat note that: 1) conveys 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, 2) provide that such perpetual easement shall run
with the land, 3) 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 should be
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provided prior to submittal of a final plat application.
The preliminary plat, date stamped by the City on November 30, 2015, shows a 40 -foot wide
street section containing 24 -feet of asphaltic pavement and a 16 -foot wide easement area
located adjacent to the private street. The private street section also shows a 20 -foot with
landscape easement (south side) area located between the paved area and the property line.
The preliminary plat delineates the private street area surrounded by a dashed line
approximately 47 -feet in width which appears to be an easement line. The subject property is
zoned R -I -DA (Residential with a development agreement). The R -1 (Residential) zoning
designation allows for a minimum 35 -foot wide front setback. The setback line is measured
from the front of the lot which is the southern property line. The minimum front setback, as
proposed, will be located within the proposed private street. In regard to the proposed
hammerhead, and based upon the front setback being measured from the property line, a home
may be constructed at the end of the hammerhead which may create a safety concern for
emergency vehicle access based on vehicles being parked within the hammerhead. The private
street should be located within a common lot so that the front setback is measured from the
common lot to ensure that homes are not being constructed in close proximity to the private
street. If the City Council approves the proposed private street, the applicant should provide a
revised preliminary plat showing the private street to be located within a common lot prior to
submittal of final plat application.
The preliminary plat, date stamped by the City on November 30, 2015, contains a street
section for the private street that shows a 24 -foot wide asphalt area with no curbing or
sidewalks located adjacent the private street. Pursuant to Eagle City Code Section 9-3-2 -
5(B)(2), vertical curbing is required for streets that are less than 34 -feet in width. If the City
Council approves the proposed private street, the applicant should provide a revised
preliminary plat containing a typical street section showing the private street to be bordered by
vertical curbing prior to submittal of a final plat application.
The street section shown on preliminary plat does not show sidewalks located adjacent to the
private street. Pursuant to Eagle City Code Section 9- 3- 2- 5(B)(3), sidewalks are required in
accordance with Eagle City Code Section 9- 4- 1 -6(F). The subsection states that where the
average width of the lots, as measured at the street frontage line or at the building setbacks
line, is over a 100 -feet in width, sidewalks on only one side of the street may be allowed. The
subsection further states that sidewalks shall be separated from the edge of the abutting
roadway and/or back of curb by a minimum 8 -foot wide landscape strip. The street section
also shows a 16 -foot wide easement area located between the edge of the street and the area
where homes will be constructed. If the Council approves the proposed private street, the
applicant should provide a revised preliminary plat showing an 8 -foot wide planter strip and 5-
foot wide detached sidewalk located on the north side of Tueller Lane prior to submittal of a
design review application.
The preliminary plat, date stamped by the City on November 30, 2015, shows the private
street with a gated entry located approximately 180 -feet east of the intersection with South
Locust Grove Road. The gated entry may pose an access problem in the event emergency
services may be responding for an emergency situation located within the gated area. The
applicant should be required to install an emergency vehicle actuator device on the private
street entry roadway gate, with the type of actuator device to be approved by the City of Eagle
Police Department and the Eagle Fire Department prior to the issuance of building permits.
The preliminary plat, date stamped by the City on November 30, 2015, delineates (dashed
line) what appears to be several easements on the plat, however, the legend identifies the
dashed line as a sanitary sewer force main. The applicant should provide a revised preliminary
Page 11 of 22
K'U'Lmting Mp111agL App1iLiti(irL%�S [ISti- 1"111..INOtrrllln eons Sub MOD cc(4)c
plat delineating the public utility, drainage, and irrigation easement areas prior to submittal of
a final plat application.
The applicant has indicated within the narrative, date stamped by the City on November 30,
2015, that it is their intention to eliminate the two (2) common lots previously approved with
the original preliminary plat. The narrative further states they are still keeping the landscaped
areas, however, the areas will be maintained by the lot owner. The subject property is bordered
on the east by South Locust Grove Road. The 2035 Planning Functional CIassification Map
shows South Locust Grove Road as a collector. Since the applicant is requesting to eliminate
the common lots within the proposed development the preliminary plat, date stamped by the
City on November 30, 2015, does not delineate a 35 -foot wide common Iot located adjacent to
South Locust Grove Road. Pursuant to Eagle City Code Section 8- 2A- 7(J)(4), new residential
developments, including, but not Iimited to, subdivisions and multi - family developments, shall
be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect
residential communities from noisy, potentially dangerous, high speed roads. The "buffer area"
shall be defined as a common lot located between the residential lots within the subdivision
and the right of way line of the adjacent roadway. Pursuant to Eagle City Code Section 8 -2A-
7(J)(4)(a), a 35 -foot wide buffer area with a minimum five to eight foot (5' to 8') high berm,
decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof is required between the adjacent roadway and the residential lots. The
applicant should be required to provide a revised preliminary plat showing a common lot
(located adjacent to South Locust Grove Road) to be a minimum of 35 -feet in width for the
required buffer area. The revised preliminary plat should be provided prior to submittal of a
design review application.
Plat note #3 on the preliminary plat, date stamped by the City on November 30, 2015, states,
"All sewer lines shall be dedicated to the Eagle Sewer District and all water lines shall be
dedicated to the City of Eagle." The subject property is located outside of the City of Eagle's
Municipal Water Service area. The applicant should provide a revised preliminary plat with
plat note #3 revised to state, "All sewer lines shall be dedicated to the Eagle Sewer District."
The revised preliminary plat should be provided prior to submittal of a final plat application.
Plat note #6 on the preliminary plat, date stamped by the City on November 30, 2015, states,
"Storm water shall be retained or detained on -site in seepage beds or swales Iocated in
common areas." Item #4 on the applicant's narrative, date stamped by the City on November
30, 2015, indicates they are eliminating the two (2) common lots that were shown on the
approved preliminary plat of Overton Acres Subdivision. The narrative further indicates that
the applicant is still keeping those areas as landscaped areas, however those areas will be
maintained by the lot owner. The areas in question are the thirty -five foot (35') wide common
lot located adjacent to South Locust Grove Road and the twenty -foot (20') wide common Iot
located between Tueller Lane and the south property line. Based on the applicant's request to
remove the common lots there are no areas for the retention or detention of storm water
located within a common lot. The applicant should provide a revised preliminary plat with the
area located south of Tueller Lane contained within a common lot. The revised preliminary
plat should be provided prior to submittal of a design review application.
Plat note #8 on the preliminary plat, date stamped by the City on November 30, 20I5, states,
"A 12' wide public utility easement shall be granted adjacent to the exterior boundary of the
subdivision and to any public street." Pursuant to Eagle City Code Section 9 -3 -6, 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'). Since the applicant is proposing a private
Page 12 of 22
K't]'Imning MpIkIA& AppULa kirL%%%U1N%111111(Aer(nn Acres Sub AIUI7 saf.dix
street, a drainage easement should be provided adjacent to the private street. The applicant
should be required to provide a revised preliminary plat with plat note #8 revised to state, "A
12' wide public utility and drainage easement shall be granted adjacent to the exterior
boundary of the subdivision and to any public or private street." The revised preliminary plat
should be provided prior to submittal of a final plat application.
Plat note #9 on the preliminary plat, date stamped by the City on November 30, 2015, states,
"A 12' wide (6' on each side) public utility easement shall be granted adjacent to the interior
lot lines." As previously mentioned, drainageway easements are to be provided in conjunction
with the utility easements along side lot lines or as required by the City Council. The applicant
should provide a revised preliminary plat with plat note #9 revised to state, "A 12' wide (6' on
each side) public utility and drainage easement shall be granted adjacent to all interior lot
lines." The revised preliminary plat should be provided prior to the City Clerk signing the final
plat.
The preliminary plat, date stamped by the City on November 30, 2015, identifies a gravel
driveway providing access to the existing house from South Locust Grove Road. The proposed
private street will provide access to the existing house. Based upon the classification of South
Locust Grove Road designated as a collector direct lot access should be prohibited. The
applicant should be required to provide a revised preliminary plat showing the gravel driveway
providing access to the existing house from South Locust Grove Road to be removed prior to
submittal of a final plat application.
The preliminary plat, date stamped by the City on November 30, 2015, shows the street
section with a 40 -foot wide easement for a private street and public utilities easement. The
preliminary plat shows two (2) sewer lines, a potable water line, and a pressurized irrigation
line Iocated within an area delineated by dashed lines. The preliminary plat does not contain
any plat notes in regard to easements located within the private street area. The applicant
should be required to provide a revised preliminary plat delineating and containing a plat note
identifying the public utility and pressurized irrigation easements associated with the proposed
utility locations. The revised preliminary plat should be provided prior to submittal of a final
plat application.
The existing home located on the subject property is served by a well and septic system. The
preliminary plat, date stamped by the City on November 30, 2015, identifies a well located in
proximity to the southeast corner of the existing home. The executed development agreement
(Ada County instrument #107025535) associated with the site does not contain a condition of
development in regard to the existing home being served by a well and septic system. The well
and septic system serving the existing home shall be abandoned and the existing home
connected to central services prior to the City Clerk signing the final plat.
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council on February 23, 2016, at which
time public testimony was taken and the public hearing was closed. The Council made their decision at
that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by one (1) individual
who requested the subdivision be re- designed because the proposed location of the street providing
access to the subdivision will be located across the street from the rear of their home and lights from
vehicles exiting the subdivision will shine into the kitchen and master bedroom areas. The individual
Page 13 of 22
K\111mm ;Ik;}AI. Sk Acres Sub 11!!111,afduc
also indicated, that due to the location of the proposed street, it will negatively affect the market value
of their home. The individual further indicated that vehicles traveling on Locust Grove Road are
usually traveling in excess of the posted speed limit and the proposed subdivision will add to the
problem. The individual requested that, only one access point to Locust Grove Road be approved. The
individual also requested that additional landscaping be provided on the individual's property to
mitigate the glare from vehicle headlights exiting the private street.
COUNCIL DECISION:
The Council voted 2 to 2 (Kunz/Preston against, Bastian /Soelberg in favor, Mayor in favor), to approve
PP -14 -13 MOD, for a preliminary plat modification for Overton Acres Subdivision for Vince Kouba, with
the following staff recommended site specific conditions of approval and standard conditions of approval
with underline text to be added by the Council and strike through text be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all conditions within the development agreement for the rezone application RZ -18-
06.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all outstanding engineering fees and legal fees
incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt
of an invoice by the City, whichever occurs first.
4.
showing,
provide a revised preliminary plat which
contains 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 shall be provided to the City prior to submittal of a final plat application. (ECC 9-
3- 2- 5[C][2])
5• , "No Parking -Fire Lane" signs shall be
erected on both sides of the private street prior to issuance of any building permits for residential
dwellings.
6• Provide a revised
preliminary plat containing a typical street section showing the private street to be bordered by
=,I flat ribbon curbing prior to submittal of a final plat application.
an 8 feet wide planter- swip and 5 feet wide Weemed eR !he 11014h Side OF T-UelWQ
8 Eprovide a revised
preliminary plat showing the private street to be located within a common lot prior to submittal of
final plat application.
9. Install an emergency vehicle actuator device on the private street entry gate, with the type of
actuator device to be approved by the City of Eagle Police Department and the Eagle Fire
Department prior to the issuance of any building permits.
Page 14 of 22
K•11 UMing Dcp1\ a&- ApplicalinnsGSUliSl2n1II %unc)n Acres Sub 1610 1)
10. Provide a revised preliminary plat showing a common Iot (located adjacent to South Locust Grove
Road) to be a minimum of 35 -feet in width for the required buffer area. The revised preliminary
plat shall be provided prior to submittal of a design review application.
H. Provide a revised preliminary plat with plat note #3 revised to state, "All sewer lines shall be
dedicated to the Eagle Sewer District." The revised preliminary plat shall be provided prior to
submittal of a final plat application.
12. The well and septic system serving the existing home shall be abandoned and connected to central
services prior to the City Clerk signing the final plat.
13. Provide a revised preliminary plat with the area located south of Tueller Lane contained within a
common lot. The revised preliminary plat shall be provided prior to submittal of a design review
application.
14. Provide a revised preliminary plat delineating the public utility, drainage, and irrigation easement
areas prior to submittal of a final plat application.
15. Provide a revised preliminary plat with plat note #8 revised to state, "A 12' wide public utility and
drainage easement shall be granted adjacent to the exterior boundary of the subdivision and to any
public or private street." The revised preliminary plat shall be provided prior to submittal of a final
plat application.
16. Provide a revised preliminary plat with plat note #9 revised to state, "A 12' wide (6' on each side)
public utility and drainage easement shall be granted adjacent to all interior lot lines." The revised
preliminary plat shall be provided prior to the City Clerk signing the final plat.
17. Provide a revised preliminary plat delineating and containing a plat note identifying the public
utility and pressurized irrigation easements associated with the proposed utility locations. The
revised preliminary plat should be provided prior to submittal of a final plat application.
18. The applicant shall provide a revised preliminary plat identifying the common lot "blocks" within
the subdivision in the plat notes. The revised preliminary plat shall be provided prior to submittal
of a final plat application.
19. The applicant shall be required to provide a hammerhead style turnaround as approved by the
Eagle Fire Department eul de sae h ' a FAiRiFRUM FadiUS 8F Fifty feet (50') Of Fight Of Way
ineludiRg, a landseape island with a Fniiiimum radius of teR feet (10'). A mininium ef feny-feet
(40') of pavement should be previded between !he landseape island alid the outside
edge e&tmhe
street as measured fFem the f6ee of eur-b of ihe island to the Nee of euFb located eH !he 8.1tsopip
edge of the str- ei
a
20. The applieant shall he fequired (45') wide dewhed sidewalk
a
a d
0
21. Provide a revised preliminary plat showing the roadway section for South Locust Grove Road
prior to submittal of a final plat application.
22. Provide a revised preliminary plat showing all utility poles providing service to the existing
structures on the site to be removed, prior to submittal of a design review application. All utility
service lines serving existing structures shall be placed underground prior to the issuance of any
building permits for the site.
23. Provide a landscape plan showing berming, fencing, and planting details within the required 35-
foot wide buffer area along South Locust Grove Road abutting this site for review and approval by
the Design Review Board prior to the submittal of a final plat application.
Page 15 of 22
K:l!twing 0gIU.Jek AppkaLinncLSUII"'I)I.U()+crtnn Alms Sub MOII ixfdcw
24. The applicant shall submit a design review application and landscape plan showing trees,
landscaping, berming, proposed signage, and planting details within the required buffer area along
South Locust Grove Road abutting this site and any proposed signage and fencing for review and
approval by the Design Review Board prior to the submittal of a final plat application.
25. The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed and required 35 -foot wide buffer area along South Locust
Grove Road, Iandscape 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, and 5) proposed style of fencing. The
design review application shall be reviewed and approved by the Design Review Board prior to the
submittal of a final plat application.
26. 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 iFi the 8 f9et wide landseape strip between the 5 feet
wide «ie sidewalk and the a •r-" n within the common lot on the south side of the internal
�f04 , ••
roadway. Prior to the City Clerk signing the final plat the applicant shall either install the required
trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining
any occupancy permits for the homes. A temporary occupancy may be issued if weather does not
permit landscaping. 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.
27. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat application. The applicant shall have an on -site meeting with the City Staff
to survey all existing trees. Subsequent to the on -site meeting, construction fencing shall be
installed (pursuant to the City Staff's direction) to protect all trees that are to be preserved, prior to
the commencement of any construction on the site.
28. Construct a minimum five foot (5') wide attached concrete sidewalk along South Locust Grove
Road abutting this site.
29. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights -of -way abutting this site prior to approval of a final plat application.
30. Provide a copy of the public access easement granted to ACHD for the sidewalks located outside
of the right of way prior to the City Clerk signing the final plat.
31. Provide a revised preliminary plat showing the gravel driveway (providing access to the existing
house from South Locust Grove Road) to be removed prior to submittal of a final plat application.
32. The applicant shall provide a revised preliminary plat that includes a plat note that states that
"Vehicular access to lots along South Locust Grove Road is prohibited unless specifically allowed
by the Ada County Highway District and the City of Eagle." The revised preliminary plat shall be
provided prior to submittal of a final plat application.
33. The Overton Acres Subdivision shall remain under the control of one Homeowners Association.
Page I6 of 22
K:li'Isnning [kplUapk Appb6*arlansL4UI1tiL'6135Uscrton Acros Sub N101) .cf.dtkg
34. The applicant shall place a note on the final plat that the irrigation system and all common lots are
to be owned and maintained by the Overton Acres Homeowner's Association.
35. The applicant shall provide CC &Rs that the Homeowner's Association shall have the duty to
maintain the irrigation system and ensure all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity.
36. The applicant shall record the subdivision CC &Rs in the office of the Ada County Recorder prior
to the sale of the first lot. The applicant shall provide the City a copy of the recorded CC &Rs prior
to the issuance of any building permits.
38. The applicant's engineer shall work towards providing an enclosed pressurized irrigation system.
If that is unfeasible, evidence of that shall be provided to the City Council upon submittal of the
final plat. At that point, the City Council may allow an open irrigation system, as allowed per
Eagle City Code 9- 4- 1 -9(C).
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. TitIe 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.
S. 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
Iandowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9- 4- 1 -9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Page 17 of 22
K.119annin,L b piTagk i &r. S. h 1.101) k,-fd k
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 Ietter 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 Iine 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.
11. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right -of -way, prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right -of -way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
I4. 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.
Page 18 of 22
KAPlanning fkpM,agk AppliLat &ms%.iUBSl'_II11V1Ml -nnn Acres Sub Allg3 _:�fJ�x
15. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire 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.
17. Covenants, homeowners 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.
18. 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.
19. 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.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway /Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway /Greenbelt Committee prior to
approval of the final plat by the City Council.
21. 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.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required ".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
Page 19 of 22
x WIMMG sir nun) _t dry
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the flood plain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
3o. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the constriction 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.
31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
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K:'Manning MpWagk Applicaluns'SUBSO113%Ownr n Aur, tiw- MQ i 4J.duc
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 preliminary plat
modification (PP -14 -13 MOD) and based upon the information provided concludes that the proposed
preliminary plat modification application is in accordance with the City of Eagle Title 9 (Subdivisions)
because:
a. The requested preliminary plat modification complies with the density of the approved zoning
designation of R -I -DA (Residential with a development agreement); and
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City
Code since the development is consistent with the Comprehensive PIan Land Use Map designation
of Residential One, and provides the required improvements for a subdivision or as may be
conditioned herein;
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not change the essential character of the same area, since the proposed residential use is in
accordance with the residential land use designation of this area shown within the Comprehensive
Plan. AIso, the subject site is surrounded by subdivisions that have been developed with lots
commensurate in size with the lots proposed within the subject subdivision. The properties located
across Locust Grove Road are screened from the subject site by a six -foot (G') high solid wood
fence and substantial landscaping;
d. Will not create excessive additional requirements at public cost for facilities and services as the
site will be served by the Eagle Sewer District and will use public water to be served by the water
company having jurisdiction in that area. Fire protection will be available from the Eagle Fire
District and fire hydrants will be provided where required;
e. Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project was reviewed and approved by the Ada
County Highway District and they recommended and required that the road providing access to the
subdivision be private;
f. This development is in continuity with the capital improvement program since the required public
improvements are required as conditioned herein, or are expected to be installed with the
development of individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle Fire
Department and the Ada County Highway District, or as conditioned herein, there is adequate
public financial capability to support the proposed development and the proposed hammerhead
turnaround be approved; and
h. That any health, safety and environmental problems that were brought to the Council's attention
have been adequately addressed by the applicant or will be conditions of final plat approval as set
forth within the conditions of approval above.
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XVL Ming Urpffl4 L AppliaiinasLSUHtiY:01]1[hlnun Acres SO MOD c-cfdov
DATED this 8th day of March 2016
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Cou ah
Stan Ridgeway, Mayor
ATTEST:
Sharon . Bergmann, Eagl�City Cl er
014 QI
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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