Findings - CC - 2018 - PP-05-18 - Preliminary Plat For Woodcreek Estates SubdivisionBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR WOODCREEK
ESTATES SUBDIVISION FOR SMKM, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP -05-18
The above -entitled preliminary plat application came before the Eagle City Council for their action on
August 28, 2018, 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:
SMKM, LLC, represented by Wendy Shrief with J -U -B Engineers, Inc., is requesting preliminary
plat approval for Woodcreek Estates Subdivision, a 9 -lot (6 -buildable, 3 -common) residential
subdivision. The 4.03 -acre parcel is located at the terminus of West Enchantment Street, North
Cobblestone Lane, and North Cobblestone Way at 489 North Cobblestone Lane
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, Thursday, May 10, 2018, in compliance
with the application submittal requirement of Eagle City Code. The applications for this item was
received by the City of Eagle on May 17, 2018. A revised preliminary plat was received by the
City on June 11, 2018.
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 June 29, 2018. Notice of this public hearing was mailed to property owners within
three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title
67, Chapter 65, Idaho Code and Eagle City Code on June 27, 2018. Requests for agencies'
reviews were transmitted on May 21, 2018, in accordance with the requirements of the Eagle City
Code. The site was posted in accordance with the Eagle City Code on June 25, 2018.
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
August 13, 2018. 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 August 9, 2018. The site was posted in
accordance with the Eagle City Code on August 17, 2018.
D. HISTORY OF REVELANT PREVIOUS ACTIONS:
On May 22, 2018, the City Council approved a parcel division for SMKM, LLC (PD -02-18).
E. COMPANION APPLICATIONS:
Lot Line Adjustment to adjust the property line dividing 489 North Cobblestone Lane from the
adjacent property located to the west (LLA -05-18).
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K:1Planning DeptlEagle Application'.SUBS12O 181Woodcreek Estates Sub ccIdoc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
COMP PLAN
DESIGNATION
Compact Residential,
Floodway, and Regional
Open Space Overlay
ZONING
DESIGNATION
R-4 (Residential)
Proposed No Change No Change
North of site Neighborhood Residential R-4 (Residential)
South of site Compact Residential R-4 (Residential)
East of site Compact Residential R-4 (Residential)
West of site Compact Residential, R-3 and R-4 (Residential)
Transition Overlay and
Floodway
LAND USE
Vacant parcel
Single-family residential
subdivision
Single-family residential
(Clear Creek Crossing
Subdivision)
Single-family dwellings
and proposed Feldspar
Subdivision
Single-family residential
(Once Upon a
Subdivision)
Vacant parcel
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site — 4.03 acres
Total Number of Lots — 9
Total Number of Units — 6
Residential — 6
Commercial — 0
Industrial — 0
Common — 3
Single-family — 6
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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ADDITIONAL SITE DATA
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
Percent of Site as Common Area
* Based on the acreage of the site.
GENERAL SITE DESIGN FEATURES:
Open Space:
The subdivision is located within the R-4 (Residential) zoning district, a minimum 18% of open
space is required. The applicant is proposing to base the required open space from the area of the
subdivision containing lots less than 37,000 square -feet in size. The subdivision consists of 3 -
common lots (Lots 3, 6, and 9), Block 1. Lot 3, Block 1, will consist of landscaping and an
emergency vehicle access (EVA) road. Lot 6, Block 1, will consist of landscaping and the common
share driveway providing access to Lots 4 and 5, Block 1. Lot 9, Block 1, located adjacent to the
northern boundary, consists of several mature trees and the Dry Creek Canal maintenance road.
Useable common area open space amenities have not been provided.
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
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) — No
Preservation of Existing Natural Features:
The proposed subdivision is located in proximity to Dry Creek. There are mature trees located
adjacent to Dry Creek. Also, there is a row of mature trees located adjacent to the northern
boundary of the subdivision. The applicant is not proposing to remove any trees.
PROPOSED
1.49 dwelling units per acre
15,586 -square feet
100 -feet
0 -feet
.437 -acres (19,037 -square feet)
REQUIRED
4 -units per acre (maximum)
8,000 -square feet (minimum)
75 -feet (minimum)
35 -feet
.725 -acres (31,598 -square
feet) (minimum)*
10.8% 18% (minimum)
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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:
Public Streets:
The preliminary plat, date stamped by the City on June 11, 2018, shows a typical cul-de-sac street
section with a 106 -foot right-of-way inclusive of a 41.5 -foot wide roadway section (as measured
from back of curb to back of curb) with a 10 -foot wide landscape island located within the center
of the cul-de-sac. The street section also shows the width from the center of the cul-de-sac to the
back of the outside curb is 51.5 -feet. The street section also shows the cul-de-sac will be bordered
by an 8 -foot wide planter strip and 5 -foot wide detached sidewalk. (The street section shown
appears to be labeled incorrectly. The landscape island should be labeled with a 10 foot radius,
based on the 41.5 foot roadway section plus a 10 foot wide radius cul-de-sac equals 51.5 feet.)
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: See "J" Public Streets
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips located
around the cul-de-sac.
Curbs and Gutters:
Vertical curb, rolled curbing, and gutters, which meet Ada County Highway District standards, are
proposed for the cul-de-sac.
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.
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 PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
L. PUBLIC USES PROPOSED: None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — Yes — Dry Creek
Evidence of Erosion — no
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Fish Habitat — Yes — Dry Creek
Floodplain — yes, the site is located within the 1% chance area of special flood hazard (FIRM
panel #16001C01 53H, effective date February 19, 2003)
Mature Trees — yes, located adjacent to the eastern and northern property lines
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.
Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the engineer' s letter dated July 1 1 , 2018 are of special
concern (attached to the staff report).
Trails Coordinator: All comments within the Trail Coordinator's email dated May 21, 2018, are of
special concern (attached to the staff report).
Ada County Highway District
Andeavor
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Idaho Fish and Game Department
Idaho Transportation Department
New Dry Creek Ditch
LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from the Clear Creek Crossing Homeowners Association, date stamped
by the City on May 17, 2018
Correspondence received from George Clifton, Doug Russell, and Jon Worbets, on behalf of the
residents of the Once Upon a Time Subdivision, date stamped by the City on May 17, 2018
Correspondence received from OUS Board of Directors, George Clifton, Jon Worbets, and Doug
Russell, date stamped by the City on July 9, 2018
Email correspondence received from Linda and Charles Conn, dated July 11, 2018
Email correspondence received from Laura and Richard Jakious, dated July 11, 2018
Correspondence received from Deena Oppenheim, date stamped by the City on July 11, 2018
Correspondence received from Natalie Lenihan, date stamped by the City on July 11, 2018
Correspondence received from Alex and Savanna Servatius, date stamped by the City on July 11,
2018
Email correspondence received from Clinton and Katie Stonich, dated July 11, 2018
Q.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• 6.5 Land Use Designation
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Compact Residential
Suitable for single family residential, row houses, duplex, and four-plexes. Densities range from 4
units per acre to 8 units per acre.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration Flood Insurance Rate Maps (FIRM) along the Boise River and Dry
Creek (generally shown as floodway on the Land Use Map). These areas are to remain open space
because of the nature of the floodway which can pose significant hazards during a flood event.
Floodway areas are excluded from being used for calculating residential and development
densities. Any portion of the floodway developed as a substantially improved wildlife habitat
and/or wetlands area that is open to and usable by the public for open space, such as pathways, ball
fields, parks, or similar amenities, as may be credited toward the minimum open space required for
a development, if approved by the City Council.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the FIRM maps so that the floodway area is smaller than that shown
on the Land Use Map, the adjacent land use designation shown shall be considered to abut the
actual floodway boundary.
Regional Open Space Overlay
Open space should be designed to capitalize on and expand the open space areas around natural
features and environmentally sensitive areas. Priorities for preservation include: The most sensitive
resources — floodways and floodplains (including riparian and wetland areas), slopes in excess of
25%, locally significant features, and scenic viewpoints. Fragmentation of open space areas should
be minimized so that resource areas are able to be managed and viewed as an integral network.
Open space areas within the foothills and along Dry Creek and the Boise River should be designed
to function as part of a larger regional open space network. Where possible, open space should be
located contiguous to public lands and existing open space areas.
• Chapter 9: Parks, Recreation and Open Spaces
9-3-2 Active Recreation Objectives:
D. Provide a system of interconnected parks, trails, and open spaces throughout the City. Require
all development to provide developed pathways for connection to Eagle's public pathway
system and/or adjoining development's public pathway system.
E. Create a pathway system that reflects the desire to have a pedestrian and bicycle friendly
community including a network of central and neighborhood paths where residents are able to
safely access and utilize alternative forms of transportation.
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9.3.3 Active Recreation Implementation:
C. Establish connections from the central city and neighborhoods to the Boise River greenbelt
and the Eagle Foothills.
S. Greenbelt and pathway development priorities should include: greenbelt/pathway system along
the Boise River, greenbelt/pathway system along the Dry Creek, corridor preservation along
future planned pathways and irrigation features; and road crossings.
9.5 Floodway and Floodplain
D. Require developers to provide improved pathway systems with links to adjoining pathway
systems, parks, and open spaces.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a Local street),
substantially open to the sky, exclusive of streets, commercial and residential buildings, and shall
be designated and intended as a usable and convenient amenity for the residences of any proposed
development.
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields,
buildings or structures for recreational activities including picnic areas, community garden, courses
or courts, children's play area, dog play area, and pathways, excluding passive open space areas.
Landscape buffer areas not required pursuant to subsection 8 -2A -7J of this title may be
considered, in part, as active open space provided a pathway or other active amenity is located
within and incorporated into the buffer area. Up to fifteen percent (15%) of the total area of water
bodies (i.e., ponds) within a development may be considered active open space provided there is a
finding that the ponds employ active recreation capabilities such as fishing, rafting, canoeing, and
the like.
OPEN SPACE, PASSIVE: Common area which includes, but is not limited to, landscaped buffer
areas required pursuant to subsection 8 -2A -7J of this title (including the sidewalk within the buffer
area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies,
excluding active open space areas.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks
Note Conditions A To E*
Zoning Maximum
District Maximum Front Rear Interior Street Lot Covered
Height Side Side F And J*
R-1 35' 30' 30' 15' 30' 35%
R-4 35' 20' ' 25' 7.5' 20' 40%
Minimum
Lot Area
(Acres Or Minimum
Square Lot
Feet) H* Width I*
37,000 100'
8,000 70'
•
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
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C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-1-6: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local street) substantially
open to the sky, exclusive of streets, commercial and residential buildings, and shall be designated
and intended as a usable and convenient amenity for the residences of any proposed development.
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields,
buildings or structures for recreational activities including picnic areas, community garden, courses
or courts, children's play area, dog play area, and pathways, excluding passive open space areas.
Landscape buffer areas not required pursuant to subsection 8 -2A -7J of this code may be
considered, in part, as active open space provided a pathway or other active amenity is located
within and incorporated into the buffer area. Up to fifteen percent (15%) of the total area of water
bodies (i.e., ponds) within a development may be considered active open space provided there is a
finding that the ponds employ active recreation capabilities such as fishing, rafting, canoeing, and
the like.
OPEN SPACE, PASSIVE: Common area which includes, but is not limited to, landscaped buffer
areas required pursuant to subsection 8 -2A -7J of this code (including the sidewalk within the
buffer area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water
bodies, excluding active open space areas.
• Eagle City Code Section 9-3-2: Streets and Alleys:
9-3-2-1: Location and Design:
Street 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:
J. Driveways: Driveways providing access to no more than two (2) dwelling units shall be
allowed within any subdivision.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement
widths, to coincide with respective setbacks, may be considered as part of the planned unit
development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement
along side lot lines or as required by the City Council. Total easement width, including the
utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to
coincide with respective setbacks, may be considered as part of the planned unit development.
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• Eagle City Code Section 9-3-8: Public Sites and Open Spaces:
D. Common Area Open Space: The minimum percentage of the gross area that must be set aside
for common area open space in new subdivisions shall be as follows:
Zoning District Open Space
R-4 18 percent
1. Active Open Space: A minimum of fifteen percent (15%) of the common area open space
shall be developed as active open space, as defined in section 9-1-6 of this title.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in subsection 8 -2A -7J of this code. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted within the above designated areas. A section within the
subdivision CC&Rs shall be created for the regulation of fences to this effect.
• Eagle City Code Section 9-4-1-5: Street Lights:
All subdividers within the city limits and within the area of city impact shall be required to install,
at the subdividers' expense, streetlights in accordance with city specifications and standards at
locations designated by the "administrator" (as defined by section 9-1-6 of this title, or his/her
representative, hereinafter referred to as "administrator"). After installation and acceptance by the
administrator, the city shall have the right to pay the cost of maintenance and power and assume
ownership of the streetlights.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel, and
to provide safe, convenient and aesthetic alternative travel routes to common destinations such
as schools, parks, shopping centers, etc. The following factors will be considered in the
placement of any pathway: the utility and need for a given pathway, impacts to existing
neighborhoods, compliance with the transportation/pathway network maps within the
comprehensive plan, pathway design as it relates to both crime prevention and function, and
the responsibilities of ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways (except in cases where it
is shown to be inappropriate), that provide access to adjacent:
c. Adopted pathway elements within the comprehensive plan and the ridge to rivers
pathway plan;
D. Pathway Design: While the city may exercise considerable discretion in determining the design
of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet (8') wide and shall be located within a
sixteen foot (16') wide pedestrian access easement, however, in an area where low volume
pedestrian traffic is anticipated, the council may consider a reduction in pathway width to
six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located
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adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located
within a twenty foot (20') wide pedestrian access easement.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 9-5-8: Subdivision Within an Area of Critical Concern:
A. Designation Of Areas Of Critical Concern: Hazardous or unique areas may be designated as
areas of critical concern by the city council or by the state of Idaho. Special consideration shall
be given to any proposed development within an area of critical concern to assure that the
development is necessary and desirable and in the public interest in view of the existing
unique conditions. Hazardous or unique areas that may be designated as areas of critical
concern are as follows:
7. Floodplain
B. Environmental Assessment Plan: The developer shall prepare and submit an
environmental assessment along with the preliminary plat application for any
development that is proposed within an area of critical concern.
The contents of the environmental assessment shall be prepared by an interdisciplinary
team of professionals that shall provide answers to the following questions:
1. What changes will occur to the area of environmental concern as a result of the
proposed development?
2. What corrective action or alternative development plans could occur so as not to
significantly change the area of environmental concern?
3. What changes in the area of environmental concern are unavoidable?
4. What beneficial or detrimental effect would the development have on the
environment including, but not limited to, animal life, plant life, social concerns,
economic, noise, visual, available farmland and other?
C. Areas Of Critical Concern: The following areas are specifically identified as areas of
critical concern:
2. Dry Creek Floodplain: The Dry Creek floodplain is designated as an area of critical
concern due to its ecological and scenic significance. This area comprises the
"Dry Creek floodplain" as defined on the land use designation map of the
comprehensive plan adopted by the city of Eagle on May 11, 1993, including that
portion in the city of Eagle impact area.
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;
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3. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
5. To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in areas of special flood 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;
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).
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FLOODWAY: The channel of a river or other watercourse and adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot (1').
MEAN HIGH WATER MARK: A water level corresponding to the natural or ordinary high water
mark and is the line which the water impresses on the soil by covering it for sufficient periods of
time to deprive the soil of its terrestrial vegetation and destroy its value for commonly accepted
agricultural purposes. The current mean high water mark is at a flow of six thousand five hundred
(6,500) cubic feet per second (cfs) along the Boise River. Tributary waters within the city of Eagle
will reference specific data establishing the water level. The mean high water mark is established
by the U.S. army corps of engineers.
NO ADVERSE IMPACT: Floodplain management where the action of one property owner does
not adversely impact public property or other private property, as measured by increased flood
peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact floodplain
management is a policy which provides a means to promote the use of retention/detention or other
techniques to mitigate increased runoff from urban areas.
RIPARIAN ZONE: That area along the banks of any waterway twenty five feet (25') in width
measured landward from the mean high water mark.
• Eagle City Code, Section 10-1-8-2: General Building Requirements:
E. Postconstruction Elevation Certificate: Prior to issuance of a certificate of occupancy, a
postconstruction elevation certificate (FEMA form 81-31) referencing land and structures
included or removed from the area of special flood hazard is required. All lots and structures
removed from the area of special flood hazard by letter of map change require certification by
a registered professional engineer demonstrating that the lot or structure is "reasonably safe
from flooding", as defined in section 10-1-5 of this chapter. The elevation certificate must
verify the elevation of the lowest floor or lowest adjacent grade to be one foot (1') above base
flood elevation.
• 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. (Ord. 332, 2-23-1999; and. Ord.
700A, 3-11-2014)
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 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.
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F. All subdivision plats shall contain note(s) that refer to the required twenty five foot (25')
setback from all waterways, called the riparian zone, in which no improvement is permitted
and require that riparian vegetation shall be maintained in its natural state for the protection
and stabilization of the riverbank and that removal of trees or other vegetation is regulated.
• Eagle City Code, Section 10-1-8-6: Specific Standards:
In all cases of special flood hazard where base flood elevation data has been provided as set forth
in section 10-1-6 of this chapter, the provisions of this chapter shall be required:
D. Floodways: Located within areas of special flood hazard established in section 10-1-6 of this
chapter, are areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of floodwaters which carry debris, potential projectile and erosion potential,
the following provisions apply: (Ord. 332, 2-23-1999, and Ord. 700A, 3-11-2014)
1 Encroachments, including fill, new construction, substantial improvements and other
development, are prohibited unless an approved floodplain development permit is issued
demonstrating that encroachments shall not result in any adverse impacts during the
occurrence of the base flood.
Encroachments, including fill, new construction, substantial improvements and other
development are prohibited unless certification by a registered professional hydraulic
engineer is provided demonstrating that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge; and uses within the
floodway shall be restricted to those which are required by public necessity (for example,
bridges; water pumps), recreational use (for example, paths), wildlife habitat
improvements (for example, vegetation; nesting structures; pool/riffle improvements), and
gravel extraction; provided that the use/encroachment meets the approval of the federal
emergency management agency and national flood insurance program and does not
jeopardize the city's participation in the national flood insurance program.
3. Subsection D1 of this section shall comply with all applicable flood hazard reduction
provisions of this section 10-1-8.
5. All buildings shall be set back a minimum of one hundred feet (100') from the floodway
line. Except that when the area of special flood hazard boundary is one hundred feet (100')
or less from the floodway line, the boundary line shall be the setback line.
6. No development is permitted within the twenty five foot (25') setback from all waterways
called the riparian zone and riparian vegetation shall be maintained in its natural state for
the protection and stabilization of the riverbank, and removal of trees or other vegetation is
regulated in accordance with this chapter.
7. For all subdivisions along the Boise River, prior written approval from Flood Control
District 10 is required to protect access to the river for maintenance.
8. Compensating excavation in accordance with an engineered plan for orderly conveyance of
floodwater, or equivalent mitigating measures may be performed in the floodway when
certified by a registered professional engineer. Mitigation design shall include provisions
to prevent relocation or diversion of flow paths from causing increased jeopardy to any off
site property at any level of flooding from the 1 -year flood up to the base flood.
Maintenance provisions for excavated areas prone to fill from sediment and other debris
shall follow the requirements of subsection 9-3-2-5C of this code for private streets.
9. In the design of public and private parks and open space areas, fixed structures or
equipment that would impede floodwaters shall not be permitted within the floodway.
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E. Riparian Areas: Located within areas of special flood hazard, established in section 10-1-6 of
this chapter, are areas designated as riparian areas. Since riparian areas provide critical flood
management and fish and wildlife habitat, the following provisions apply:
1. Preservation or restoration of the inherent natural characteristics of the river and creeks
within the floodplain;
2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream bank and
within the required minimum twenty five foot (25') setback or riparian zone;
3. No development or other than development by the city of Eagle or required for emergency
access shall occur within the twenty five foot (25') riparian zone with the exception of
approved stream stabilization work. The Eagle city council may approve access to
property where no other primary access is available. Private pathways and staircases shall
not lead into or through the riparian zone unless deemed necessary by the Eagle city
council.
4. Plan and time frame shall be provided for restoration of riparian vegetation damaged as a
result of the work done;
5. New or replacement planting and vegetation shall include plantings that are low growing
and have dense root systems for the purpose of stabilizing stream banks and repairing
damage previously done to riparian vegetation. Examples of such plantings include: red
osier dogwood, common chokecherry, serviceberry, elderberry, river birch, skunk bush
sumac, beb's willow, drummond's willow, little wild rose, gooseberry, and honeysuckle.
E. DISCUSSION (based on the preliminary plat, date stamped by the City on June 11, 2018):
• The applicant is proposing a development with lots ranging in size from 15,586 -square feet to
37,001 -square feet. The minimum lot size in the R-4 (Residential) zoning district is 8,000 -square
feet. Pursuant to Eagle City Code Section 9-3-8, the minimum percentage of common area open
space required within the R-4 (Residential) zoning district is 18 -percent. The development
contains 2 -lots which are a minimum of 37,000 -square feet in size which is in conformance with
the minimum lot size for the R-1 (Residential) zoning district. The R-1 (Residential) zoning
district does not require a minimum percentage of common area open space. The applicant is
proposing to not include the 2 -lots which are a minimum of 37,000 -square feet in size into the
gross area which the minimum percentage of common area open space is required. The
preliminary plat shows the common area open space (inclusive of common lots, landscape island,
and planter strip) contains .437 -acres (19,037 -square feet) based on the area of the development
minus the 2 -lots which are a minimum of 37,000 -square feet. If the City Council does not approve
the area of common area as proposed, the applicant should provide a revised preliminary plat
showing a minimum of .725 -acres (31,581 -square feet) of common area open space prior to
submittal of a design review application.
• Plat note #3 of the preliminary plat states, "Lots 3 and 9, of Block 1, are common area/drainage
lots. Lot 6 of Block 1 is a shared driveway lot. All lots previously noted are common lots that shall
be owned and maintained by the homeowners association."
The preliminary plat shows Lots 4 and 5, Block 1, take access from the shared driveway located
within Lot 6, Block 1. Since Lot 6, Block 1, contains the shared driveway that only benefits Lots 4
and 5, Block 1, the applicant should provide a revised preliminary plat with the reference to Lot 6,
Block 1, removed from plat note #3. The revised preliminary plat should also contain a new plat
note that identifies Lot 6, Block 1, as a shared driveway common lot that; a) conveys to the lot
owners of Lots 4 and 5, Block 1, the perpetual right of ingress and egress over Lot 6, Block 1, b)
provide that the easement runs with the land, c) provide that the owners of Lots 4 and 5, Block 1,
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K:IPlanning Dept Eagle ApplicationslSUBS1201811Voudcreek Estates Sub cc[dnc
should be responsible for the maintenance of the shared driveway and common lot, d) provide that
a restrictive covenant for maintenance of the shared driveway and common lot cannot be modified
without the express consent of the city. The revised preliminary plat should be provided prior to
submittal of a final plat application.
• Plat note #7 of the preliminary plat states (in part), "All front lot lines have a 16' public utility,
drainage, irrigation easement (measured from the front of the sidewalk located closest to the
street)."
The preliminary plat typical cul-de-sac street section shows the property line located 1.5 -feet into
the 8 -foot wide planter strip. The remaining 6.5 -feet of the planter strip and the 5 -foot wide
detached sidewalk are located within the property. Based on the plat note indicating the 16 -foot
public utility, drainage, and irrigation easement is measured from the front of the sidewalk the
back of the easement will be located 22.5 -feet from the front property line. The required front yard
setback within the R-4 (Residential) zoning district is 20 -feet. Also, since 6.5 -feet of the planter
strip and the 5 -foot detached sidewalk are located within the buildable lot on Lots 1, 2, 7, and 8,
Block 1, if a home were constructed at the edge of the front lot line public utility, drainage, and
irrigation easement there would only be 9 -feet of space located between the front of the garage and
the back of sidewalk. Pursuant to Eagle City Code Section 8-2-4(G), all front load garages are to
be set back a minimum of 25 -feet from the back of sidewalk. On previous occasions the Council
has permitted a setback which allows for the front load garage to be setback 20 -feet from the back
of sidewalk to prevent vehicles parked in front of the garage from encroaching over the sidewalk.
The front yard setback for a front Load garage should be a minimum of 35 -feet which will provide
23.5 -feet of space between the garage and the back of sidewalk. The front yard setback for the
living area should be minimum of 25 -feet to prevent the structure from encroaching into the public
utility, drainage, and irrigation easement. The applicant should be required to provide a revised
preliminary plat with a new plat note which states, "The front yard setback for structures located
on Lots 1, 2, 7, and 8, Block 1, is 25 -feet for the living area and side entry garage and 35 -feet for
the front load garage measured from the property line." The revised preliminary plat should be
provided prior to submittal of a final plat application.
• Plat note #8 of the preliminary plat states, "Development of this property shall be in conformance
with Eagle City Code or as pursuant to the development agreement associated with RZ-05-17 or
any subsequent modifications."
The applicant is not requesting to rezone the property; therefore, a development agreement will not
be executed for this development. The applicant should provide a revised preliminary plat with
plat note #8 removed. The revised preliminary plat should be provided prior to submittal of a final
plat application.
• Plat note #9 of the preliminary plat, states, "Any re -subdivision of this plat shall be in
conformance with the applicable subdivision regulations in effect the time of re -subdivision." Plat
note #16 of the preliminary plat states, "Any re -subdivision of this plat shall be in conformance
with the applicable zoning regulations in affect at the time of the re-subdivision."[sic]
Although the plat notes reference two separate sections of Eagle City Code the two plat notes
could be combined into one plat note. The applicant should be required to provide a revised
preliminary plat with plat note #9 revised to state, "Any re -subdivision of this plat shall be in
conformance with the applicable zoning and subdivision regulations in effect at the time of re-
subdivision." Plat note #16 should be deleted. The revised preliminary plat should be provided
prior to submittal of a final plat application.
• Plat note #17 of the preliminary plat states, "No residential lot shall have direct access to N.
Cobblestone Lane unless approved by ACHD and the City of Eagle."
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North Cobblestone Lane is a private road; therefore, neither Ada County Highway District or the
City of Eagle have jurisdictional authority to grant approval allowing others to utilize the private
road. The applicant should be required to provide a revised preliminary plat with plat note #17
revised to state, "No residential lot shall have direct access to North Cobblestone Lane." The
revised preliminary plat should be provided prior to submittal of a final plat application.
• The preliminary plat does not show any street lights located within the subdivision. The applicant
should be required to install a street light at the terminus of the cul-de-sac in proximity to the
shared driveway located within Lot 6, Block 1. The street light specifications should be reviewed
and approved by staff prior to installation. The street light should be installed prior to the City
Clerk signing the final plat.
• The preliminary plat shows that Lot 3, Block 1 (common lot), contains a 13 -foot wide EVA
(emergency vehicle access). The EVA was required, by Eagle Fire Department, to provide
secondary access into the development. The preliminary plat does not contain an EVA section
identifying the surface material. The EVA is 13 -feet in width and consists of approximately
2,325.7 -feet in area. Since it is unknown what the surface of the EVA will consist of it is unknown
if the EVA may be incorporated into active open space. Pursuant to Eagle City Code Section 9-3-8
(D)(1), a minimum of 15% of the common area open space shall be developed as active open
space. In the event the EVA is constructed with a gravel surface it may not be compatible to be
considered active open space. If the applicant were required to pave the EVA, the applicant could
then provide additional amenities (i.e. basketball hoops, hopscotch court, four-square court, etc.) to
be considered for active open space. The aforementioned uses would still allow for emergency
vehicle access, provided basketball hoops were placed at the edge of the access area instead of the
center. The applicant should be required to pave the emergency vehicle access (EVA) located
within Lot 3, Block 1. The pavement cross-section should be included within the subdivision
construction documents to be reviewed and approved by the City Engineer. The applicant should
provide recreational amenities (i.e. basketball hoops, hopscotch court, four-square court, etc.)
located within and/or adjacent to the EVA. The EVA should be paved and the recreational
amenities completed prior to the City Clerk signing the final plat.
• The property is located within the 1 %-chance floodplain area, as identified on the Flood Insurance
Rate Map (FIRM) panel #16001C0153H. The applicant is proposing to construct a compensatory
storage basin located within the adjacent property (owned by the applicant) to the west to provide
storage area for the allowance of fill within the proposed subdivision. The fill is being placed on
site to raise the building areas of the proposed lots above the base flood elevation. Since the
compensatory storage basin will be located off-site, the applicant should be required to provide a
provision within the CC&Rs for the continued operation and maintenance in perpetuity of the off-
site compensatory storage basin. The section within the CC&Rs associated with the operation and
maintenance of the compensatory storage basin should be reviewed and approved by the City
Attorney and City Engineer prior the City Clerk signing the final plat.
• The comprehensive plan identifies the need for a system of interconnected parks, trails, and open
spaces throughout the city. The plan further states the need to require all developers to provide
improved pathway systems with links to adjoining pathway systems. The comprehensive plan also
identifies that greenbelt and pathway development priorities should include a greenbelt/pathway
system along Dry Creek. The applicant has submitted a lot line adjustment application (LLA -05-
18) to remove the proposed subdivision area from the area including Dry Creek. Although the
proposed subdivision does not include Dry Creek, the applicant owns the parcel to the west which
includes Dry Creek. The applicant is willing to grant a greenbelt pathway easement located within
the adjacent parcel to the west which will allow for a future greenbelt pathway. The applicant
should be required to provide a dedicated pedestrian pathway easement (minimum 20 -feet in
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K:U'lanning Dept\Eagle Applications\SUBS120181Woodcreek Estates Sub cadoc
width) within the adjacent property to the west (owned by the applicant) in a location to be
determined by the City Council following a recommendation from the Parks, Pathways, and
Recreation Commission and the Planning and Zoning Commission to facilitate the continuation of
the Dry Creek pathway. Upon final determination of the pathway easement location by the City
Council, the easement document should be provided for review and approval by the city engineer
and city attorney and shall be recorded in the Ada County Recorder's office prior to submittal of
the final plat application. Also, since the adjacent unplatted property (owned by the applicant) will
contain improvements (compensatory storage basin) associated with proposed subdivision, The
adjacent unplatted property to the west (owned by the applicant) will contain improvements
(compensatory storage basin) associated with proposed subdivision. The applicant should be
required to construct a 10 -foot wide concrete greenbelt pathway (in conformance with the city's
pathway construction standards — attached hereto as Exhibit A) within the dedicated pedestrian
pathway easement. The greenbelt pathway should be constructed prior to the City Clerk signing
the final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the 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
consideration on July 16, 2018, at which time public testimony was taken. Based on public testimony
regarding the applicant's proposal to utilize Cobblestone Lane for an emergency vehicle access (EVA),
the Commission directed the applicant to provide a legal opinion regarding the scope of their access
easement rights on Cobblestone Lane. The Commission continued the public hearing to August 6,
2018 and limited the testimony to the aforementioned legal opinion associated with the access
easement. The application came before the Commission on August 6, 2018, at which time the legal
opinion was considered. 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 one (1) individual who voiced the following concerns:
• The applicant does not have permission to utilize North Cobblestone Lane for emergency access.
• Contractors will utilize North Cobblestone Lane for access to the site.
• The fire department needs to request permission before utilizing North Cobblestone Lane as an
emergency access route.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by four (4) individual who indicated and/or requested the following:
• The applicant should be required to request permission to utilize the access easement located
within North Cobblestone Lane.
• Construction traffic should be prohibited from utilizing North Cobblestone Lane for access to the
site.
• The applicant should be required to install a 6 -foot high privacy fencing located adjacent to the
southern boundary.
• The homes located adjacent to the southern property line should be limited to one-story in height.
• The applicant should be required to repair the irrigation ditch providing irrigation to the properties
located adjacent to North Cobblestone Lane.
• A concern with why the subdivision is being approved with only one access point.
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• They support the subdivision, however, they do not support connecting to the public pathway
located within Clear Creek Crossing Subdivision due to people trespassing on private property
located within Clear Creek Crossing Subdivision.
COMMISSION DELIBERATION: (Granicus time July 16, 2018, 1:31:15; August 6, 2018, 49:40)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The development is proposed with less than the allowed density for the area.
• 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 have worked with the residents living adjacent to North Cobblestone Lane
regarding utilizing North Cobblestone Lane for emergency vehicle access.
• The applicant should provide a legal opinion regarding their legal right to utilize North Cobblestone
Lane for emergency access.
• They support not connecting North Cobblestone Way with West Enchantment Street.
• The development should have two points of access for emergency purposes.
• The applicant should be required to provide an agreement for the perpetual maintenance of the
compensatory storage basin associated with the floodplain development permit.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of Woodcreek Estates Subdivision for SMKM, with
the site specific conditions of approval and standard conditions of approval as provided within their
findings of fact and conclusions of law document, dated August 20, 2018.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 28, 2018, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP -05-18 for a preliminary plat for Woodcreek Estates Subdivision
(Exhibit A) for SMKM, LLC, with the following Planning and Zoning Commission recommended site
specific conditions of approval and standard conditions of approval with underline text to added by the
Council and strikethrough 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, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
3. Comply with all conditions of approval of FPDP-02-18.
1. If the C:ty Car.wil does r.ot a arca of common area ac t 3h -all provide
a revised preliminary nary plat chewing a minimum of .725 acres (31,581 square feet) of eommon area
open cpaeo prior to submittal of a design re -View application. (ECC 9 3 8)
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5. Provide a revised preliminary plat with the reference to Lot 6, Block 1, removed from plat note #3. The
revised preliminary plat shall also contain a new plat note that identifies Lot 6, Block 1, as a shared
driveway common lot that; a) conveys to the lot owners of Lots 4 and 5, Block 1, the perpetual right of
ingress and egress over Lot 6, Block 1, b) provide that the easement runs with the land, c) provide that
the owners of Lots 4 and 5, Block 1, shall be responsible for the maintenance of the shared driveway
and common lot, d) provide that a restrictive covenant for maintenance of the shared driveway and
common lot cannot be modified without the express consent of the city. The revised preliminary plat
shall be provided prior to submittal of a final plat application.
6. Provide a revised preliminary plat with a new plat note which states, "The front yard setback for
structures located on Lots 1, 2, 7, and 8, Block 1, is 25 -feet for the living area and side entry garage
and 35 -feet for front load garage measured from the property line." The revised preliminary plat shall
be provided prior to submittal of a final plat application. (ECC 8-2-4[G])
7. Provide a revised preliminary plat with plat note #8 removed. The revised preliminary plat shall be
provided prior to submittal of a final plat application.
8. Provide a revised preliminary plat with plat note #9 revised to state, "Any re -subdivision of this plat
shall be in conformance with the applicable zoning and subdivision regulations in effect at the time of
re -subdivision." Plat note #16 shall be deleted. The revised preliminary plat shall be provided prior to
submittal of a final plat application.
9. Provide a revised preliminary plat with plat note #17 revised to state, "No residential lot shall have
direct access to North Cobblestone Lane." The revised preliminary plat shall be provided prior to
submittal of a final plat application.
10. The applicant shall install a street light at the terminus of the cul-de-sac in proximity to the shared
driveway located within Lot 6, Block 1. The street light specifications shall be reviewed and approved
by staff prior to installation. The street light shall be installed prior to the City Clerk signing the final
plat.
11. Pave the emergency vehicle access (EVA) located within Lot 3, Block 1. The pavement cross-section
shall be included within the subdivision construction documents to be reviewed and approved by the
City Engineer. The applicant shall provide recreational amenities (i.e. basketball hoops, hopscotch
court, four-square court, etc.) located within and/or adjacent to the EVA. The EVA shall be paved and
the recreational amenities completed prior to the City Clerk signing the final plat.
12. The applicant shall be required to provide a "Declaration of Covenants, Conditions, and Restrictions
Regarding Compensatory Storage Basin Maintenance" agreement peen within the Com'&Rs fer
associated with the continued operation and maintenance in perpetuity of the off-site compensatory
storage basin. The "Declaration of Covenants, Conditions, and Restrictions Regarding Compensatory
Storage Basin Maintenance" agreement section within the CC&Rs associated with the operation and
maintenance of the compensatory -storage basin shall be reviewed and approved by the City Attorney
and City Engineer moo. Upon approval of the City Attorney and City Engineer, the agreement shall
be executed, recorded, and a recorded cop v shall be provided to the City prior to the City Clerk signing
the final plat.
13. Provide a blanket dedicated pedestrian pathway easement (minimum 20 feet in width) located north of
the New Dry Creek Canal within the adjacent property to the west (owned by the applicant) in -a
Council following a recommendation mendation from the Part ,
and Recreation Commi ►cion and the Planning and Zoning Co,i„4,iSsior, to facilitate the continuation of
the Dry Creek pathway prior to submittal of a final plat application. The blanket pedestrian pathway
easement document shall be reviewed and approved by the city attorney and shall be recorded in the
Ada County Recorder's Office. Upon determination of the specific location of the pedestrian pathway,
final determination o pathway casement location -by -the City Councils an amended the easement
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document shall be provided for review and approval by the city engineer and city attorney and shall be
recorded in the Ada County Recorder's office prior to construction of the pathway Vital of the
final plat application.
-1-1. The adjacent unp'.atted-property to the west (owned b the a improvements
(compcn -at . .b- .. ' - o with proposad subdivision. The applicant shall be refired-to
construct a 19-foot wide concrete greenbelt pathway (in conformance with the--city's pathway
gay
eenstme*ion-standards attached hereto as Enhibit A) within the dedicated pedestrian pathway
easement. The gfecn✓cat pat ways fall be-c-onstructed prior to the City Clerk signinr, the final plat.
(ECS' 9-4-1-6[P][1][c]) In lieu of the required asphalt or concrete pathway (located adiacent to Drv,
Creek), the applicant shall contribute $25,671.00 to the City. Such funds shall be solev allocated for
use by the City for the design and construction of a pathway along the Dry Creek pathway system. The
$25,671.00 shall be provided prior to the issuance of building permits.
15. Provide a revised preliminary plat with a new plat notes which states, "Sheet flooding can and will
occur and floods of greater magnitude may inundate areas located outside of the of the identified
floodway and floodplain boundary lines." The revised preliminary plat shall be provided prior to
submittal of a final plat application.
16. Provide a revised preliminary plat with a new plat note that states, "There shall be a 25' wide riparian
zone setback casement measured landward from the mean high water mark in which no improvement
is permitted and riparian vegetation shall be maintained in its natural state for the protection and
stabilization of the riverbank and that removal of trees or other vegetation is regulated." The revised
preliminary plat shall be provided prior to submittal of the final development plan/final plat
applications.
17. 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. 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.
18. 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 the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat application. 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.
19. 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).
20. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk
signing the final plat.
21. The Woodcreek Estates Subdivision shall remain under the control of one Homeowners Association.
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22. The applicant shall place a note on the final plat that the pressurized irrigation system is to be owned
and maintained by the Homeowner's Association.
23. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system and all common landscape areas in the subdivision are maintained in
a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees in perpetuity.
24. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final plat application.
25. The Council Commissien notes, in conducting the hearing reviewing this application, that North
Cobblestone Lane is and remains a private street which is not authorized for general public access,
construction access associated with adjacent areas, or unauthorized commercial access. The
Commission acknowledges the rights of residents legally affected by private road access along North
Cobblestone Lane and encourage them to exercise their rights, through proper channels, should they
encounter illegal access along this private street.
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.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Page 21 of 25
K:1Planning Ilept\Iia ie Applications\SUI3S1201811Voodcreek Estates Sub eel -Atte
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.
1 2. 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
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
Page 22 of 25
K:11'lanning I)cptll:aglc Applications\SUBS120181Woodcrcek Estates Sub ccI doc
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.
Page 23 of 25
K:ll'lanning I)cptlliagk Applications\SUl3S12O181Woodcreek Estates Sub ccLdue
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.
Page 24 of 25
K:U'lanning Depaagle Applicatinae'SUl3S120181Woodcrcck Estates Sub cadoc
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 preliminary plat (PP -05-
18) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the residential land use designation of this area shown within the Comprehensive
Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police and
fire protection, schools, drainage structures, refuse disposal, and water; or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services, as noted in the documentation provided from said agencies and as required as a
part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification of the affected agencies, there is adequate public financial
capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Council's attention
have been adequately addressed by the applicant or will be conditions of approval as set forth
within the conditions of approval herein.
DATED this 11 th day of September, 2018
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idahho�j
ATTEST:
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Sharon K. Bergmann, Eagle Cit Clerk
Page 25 of 25
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