Findings - CC - 2023 - PP-14-22 - Preliminary Plat for Stadium View Center Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT FOR )
STADIUM VIEW CENTER SUBDIVISION )
FOR MARGIE AND JERRON PORCHIA )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-14-22
The above-entitled Preliminary Plat application came before the Eagle City Council for their action on
February 14, 2023, 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:
Margie and Jerron Porchia are requesting preliminary plat approval for Stadium View Center
Subdivision, a 10-lot (8-buildable [5-residential, 3-commercial (including 4 condominium
dwelling units)], 2-common)mixed use subdivision. The 2.49-acre site is located on the west side
of North Horseshoe Bend Road approximately 130-feet south of the intersection of West Bonita
Hills Boulevard and North Horseshoe Bend Road at 10201 North Horseshoe Bend Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:30 PM, Wednesday, April 13, 2022, in
compliance with the application submittal requirement of Eagle City Code. The application for
this item was received by the City of Eagle on May 26, 2022. A revised preliminary plat was
submitted to the City on September 29, 2022. A revised preliminary plat submittal checklist and
additional information application and second revised preliminary plat were submitted to the City
on December 15,2022.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on June 23, 2022, in accordance with the
requirements of the Eagle City Code. 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 December 16, 2022. Notice of this public
hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter
65, Idaho Code and Eagle City Code on December 16, 2022. The site was posted in accordance
with the Eagle City Code on December 21,2022.
Notice of Public Hearing on the applications 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
January 25, 2023. Notice of this public hearing was mailed to property owners in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 27,
2023. The site was posted in accordance with the Eagle City Code on January 28,2023.
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D. HISTORY OF REVELANT PREVIOUS ACTIONS:
On October 22, 2019, the City Council approved a rezone from R-1 (Residential) to C-1-DA
(Neighborhood Business District with a development agreement [in lieu of a conditional use
permit]) to allow for retail, restaurant, and residential uses (3-townhomes, 2 single-family
dwellings, and 4-residential condominiums [located within the commercial building]) (RZ-07-
19).
On February 25, 2020, the executed development agreement was recorded at the Ada County
Recorder's Office(Ada County instrument#2020-022348).
On August 11,2020, the City Council approved a design review application for the common area
landscaping within Stadium View Center, including a three-story, multi-tenant
retail/restaurant/office/residential(4-units)building(DR-68-19).
On August 11, 2020, the City Council approved a design review application for a 5,032-square
foot multi-tenant office/retail building(DR-93-19).
On August 11, 2020, the City Council approved a design review application for one townhome
building(3-units)and two single-family dwellings within Stadium View Center(DR-94-19).
On March 4, 2022, the City approved an extension of time for the common area landscaping
within Stadium View Center, including a three-story, multi-tenant mixed use (commercial and
residential—4units)building(EXT-01-22).
On March 4, 2022, the City approved an extension of time for a 5,032-square foot multi-tenant
office/retail building within Stadium View Center(EXT-02-22).
On March 4, 2022, the City approved an extension of time for one townhome building (3-units)
and two single-family dwellings within Stadium View Center(EXT-03-22).
E. COMPANION APPLICATIONS:None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-1-DA(Neighborhood Single-family dwelling
Business District with a
development agreement)
Proposed No change No change Mixed use subdivision
North of site Commercial C-3 (Highway Business Single-family dwelling
District) and a contractor's yard
South of site Mixed Use MU-DA(Mixed Use with a Vacant property
development agreement) (proposed Quarry
Village mixed use
development)
East of site Neighborhood R2 (Residential—Ada Single-family residential
Residential/Public/Semi County designation)and subdivision(Bonita Hills
-Public RP(Rural Preservation— Subdivision)and a
Ada County designation) cemetery
West of site Mixed Use MU-DA(Mixed Use with a Vacant property
development agreement) (proposed Quarry
Village mixed use
development)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. SITE DATA:
Total Acreage of Site—2.49-acres
Total Number of Lots— 10
Residential—5
Commercial—3
Industrial—0
Common—2
Total Number of Units—5
Single-family—2
Single-family attached—3
Two-family—0
Multi-family—0
Total Acreage of Any Out-Parcels—none
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Nine (9) (Five [5] located within Nine (9) residential units
individual lots and Four [4] maximum (as limited within
condominiums located within the the development agreement)
commercial building)
Minimum Lot Size 2,028-square feet 2,000-square feet(minimum)
Minimum Lot Width 35-feet 25-feet(minimum)
Minimum Street Frontage 0-feet 0-feet
Percentage of Site Devoted to 33%(approximately) 10%(minimum)
Landscaping*
* Note—Based on the approved common area landscaping design review(DR-68-19).
I. GENERAL SITE DESIGN FEATURES:
Landscaping:
The applicant has received design review approval for the common area landscaping within the
property(DR-68-19).
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:
The preliminary plat, date stamped by the City on December 15, 2022, notes public utility,
drainage, and irrigation easements in accordance with Eagle City Code Section 9-3-6. The
preliminary plat also notes that the common lots have blanket public utility, drainage, and
irrigation easements.
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:
There are two existing dwellings served by a septic system located within the property.The septic
system will be abandoned upon removal of the existing dwellings.
Preservation of Existing Natural Features:
There are several mature trees centrally located within the site. The applicant received Design
Review Board and City Council approvals to remove the existing trees (DR-68-19 and DR-68-19
MOD).
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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:
Private or Public Streets:
The applicant is proposing to utilize drive aisles to provide access from North Horseshoe Bend
Road to the commercial and residential lots.
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500':None proposed.
Cul-de-sac Design:None proposed.
Sidewalks:
The preliminary plat, date stamped by the City on December 15, 2022, shows a detached
sidewalk located adjacent to Horseshoe Bend Road. The preliminary plat also shows an attached
sidewalk located on the south side of Lot 10,Block 1,which turns south at the intersection of Lot
6, Block 1, and Lot 10, Block 1. The sidewalk extends southeast along Lot 6, Block 1, between
the parking area and the commercial building lots. The commercial lots contain sidewalks
providing access between the lots and from the parking lots.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
L. PUBLIC USES PROPOSED: All sidewalks and pathways within the development are open to the
public.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes—centrally located within the site.
Riparian Vegetation—no
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Steep Slopes—no
Stream/Creek—no
Unique Animal Life—no
Unique Plant Life—no
Unstable Soils—no
Wildlife Habitat—yes-trees
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required
P. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached to the staff report.
City Engineer: All comments within the engineer's letter dated November 30,2022,are of special
concern(attached to the staff report).
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's email dated August 31, 2022, are of special concern (attached to the staff
report).
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Sawtooth Law Offices,PLLC(on behalf of Farmers Union Ditch Company,Ltd.)
Q. LETTERS FROM THE PUBLIC(attached to the staff report):
Email correspondence received from Thaddeus Hoffinan,dated December 22,2022.
R. FISCAL IMPACT ANALYSIS:
Developer Data Table, received by the City on May 26, 2022, along with the analysis table
(attached to the staff report).
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site
as the following:
Commercial
Suitable primarily for the development of a wide range of commercial activities including
offices, retail, and service establishments. Uses should complement uses within Downtown
Eagle.
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B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1:Neighborhood Business District:
C-1 NEIGHBORHOOD BUSINESS DISTRICT: To permit the establishment of convenience
business uses which tend to meet the daily needs of the residents of an immediate
neighborhood while establishing development standards that prevent adverse effects on
residential uses adjoining a C-1 district. Such districts are typically appropriate for small
shopping clusters or integrated shopping centers located within residential neighborhoods.
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-4-1-5: Streetlights:
Unless determined otherwise by the city council as part of the design of the subdivision, all
subdividers within the city limits shall be required to install, at the subdividers' expense,
streetlights in accordance with city specifications and standards at locations designated by the
administrator. After inspection and confirmation of installation and operation by the
administrator, the subdivider (and subsequent homeowners' association) shall assume
ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity.
• Eagle City Code Section 9-4-1-8:Underground Utilities:
Underground utilities are required.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL (Based on the executed development agreement Ada County
Instrument No. 2020-022348):
3.5 The three (3) residential townhomes, two (2) single-family dwellings, and four (4)
residential condominiums(located within the commercial building)use shall be a permitted
use on the property.
3.11 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions.
Prior to issuance of any building permits, Owner shall provide proof of central sewer
service to the proposed residential and commercial uses.
E. DISCUSSION (Based on the executed development agreement Ada County Instrument No. 2020-
022348 and the preliminary plat, date stamped by the City on December 15, 2022):
• The preliminary plat identifies notes that several existing buildings are to be demolished in
Phase II of the development. It is unknown if the removal of the buildings is based on the
location of the buildings or the timing of the subdivision. The buildings were not
contemplated as remaining as part of the rezone approval. The existing buildings located
within the property should be removed prior to the City Clerk signing the final plat for
Stadium View Center Subdivision Phase I.
• The preliminary plat shows overhead power provided service to the existing buildings within
the development and in proximity to the north property line. The overhead power located
internal to the site should be removed prior to the City Clerk signing the final plat for
Stadium View Center Subdivision Phase I.
• The preliminary plat identifies the locations of proposed streetlights within the subdivision.
Lots 6 and 10, Block 1, are proposed to contain drive aisles which provide access from
Horseshoe Bend Road and throughout the subdivision. The preliminary plat does not show
proposed streetlights where Lot 10,Block 1, intersects with Horseshoe Bend Road and where
Lot 10,Block 1, intersects with Lot 6, Block 1. The applicant should be required to provide a
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revised preliminary plat showing streetlights located at the intersection of Lot 10, Block 1,
and Horseshoe Bend Road and at the intersection of Lot 10,Block 1, and Lot 6, Block 1. The
revised preliminary plat should be provided prior to submittal of a final plat application.
• Plat note #10 of the preliminary plat states, "This development is subject to covenants,
conditions, restrictions, and easements (Per Instrument No. ). The restrictive
covenants for maintenance of the private road cannot be modified and the homeowner's
association cannot be dissolved without the express consent of the City of Eagle."
Due to the commercial components of the development the proposed subdivision will be
served by drive aisles instead of private roads. Also, the preliminary plat contains plat notes
which address easements within the development. The applicant should be required to
provide a revised preliminary plat with plat note #10 revised to state, "This development is
subject to covenants, conditions, restrictions (Instrument No. )." The revised
preliminary plat should be provided prior to submittal of a final plat application.
• Plat note#12 and plat note#13 of the preliminary plat,both address the Idaho Right To Farm
Act. Plat note#12 addresses the Idaho Right To Farm Act in its entirety by referencing Idaho
State Statute 22-4503. The applicant should be required to provide a revised preliminary plat
with plat note #13 referencing the Idaho Right To Farm Act, removed from the plat. The
revised preliminary plat should be provided prior to submittal of a final plat application.
• Plat note #14 of the preliminary plat, states, "Lot 10, Block 1, is a private drive aisle which
shall have a blanket public utility, drainage, and irrigation easement." Plat note #15 of the
preliminary plat states, "The residential lots located adjacent Lot 6, Block 1 shall have a non-
exclusive perpetual right of ingress and egress easement over said lot, B) the easement shall
run with the land, C) the homeowner's association shall be responsible for the operation and
maintenance of the parking lot access, and D) the restrictive covenant for operation and
maintenance of the parking lot access cannot be dissolved or modified without the express
consent of the City of Eagle."(sic)
Plat note #14 of the preliminary plat should be removed since plat note #16 addresses the
blanket easements located within the common lots.Also,staff will be recommending that plat
note #15 be revised to address the drive aisles located within both common lots. The
applicant should be required to provide a revised preliminary plat with plat note #14
removed. The revised preliminary plat should be provided prior to the City Clerk signing the
final plat.
Regarding plat note #15, Lots 6 and 10, Block 1, both contain drive aisles which will be
utilized for access by the homeowners, business owners, and the public accessing the
commercial buildings located within the development. As written, the plat note does not
address Lot 10, Block 1, and places the responsibility for the operation and maintenance of
the drive aisle solely on the homeowner's association, it does not address the business owners
sharing in the expense of operating and maintaining the drive aisles. The applicant should be
required to provide a revised preliminary plat with plat note#15 revised to state, "Lots 6 and
10, Block 1, contain drive aisles providing access to the subdivision. Each property owner
within the subdivision is conveyed A)the perpetual right of ingress and egress over the drive
aisles, B) that such perpetual easement shall run with the land, and C) that the restrictive
covenant for maintenance of drive aisles cannot be modified and the property owners'
association or other entity cannot be dissolved without the express consent of the City." The
revised preliminary plat should be provided prior to submittal of a final plat application.
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• Plat note#16 of the preliminary plat states, "Lots 6 and 10, Block 1, are common lots and to
owned and maintained by the Stadium View Center Subdivision Homeowner's Association.
Lots 6 and 10, Block 1, shall contain a blanket public utility, drainage, and irrigation
easement."(sic)
The preliminary plat indicates the subdivision contains 10-lots with 8-lots identified as
buildable lots. As part of the rezone and design review approval processes the area where Lot
9,Block 1 is located was shown as open space. The approved design review application(DR-
68-19) shows Lot 9, Block 1, containing a small basketball court and parking. The applicant
should be required to provide a revised preliminary plat identifying Lot 9, Block 1, as a
common lot. Plat note #16 should be revised to state, "Lots 6, 9, and 10, Block 1, are
common lots to be owned and maintained by the Stadium View Center Subdivision Property
Owner's Association. Lots 6, 9, and 10, Block 1, shall contain a blanket public utility,
drainage, and irrigation easement." The revised preliminary plat should be provided prior to
submittal of a final plat application.
• Plat note#18 of the preliminary plat states, "The pressurized irrigation system located within
Stadium View Center Subdivision shall be owned and maintained by the Stadium View
Center Subdivision Homeowner's Association."
The plat note does not identify the irrigation company providing irrigation to the property,
transfer of water rights and/or shares, and the property owners being subject to assessments
from the applicable irrigation entity. The plat note also identifies the homeowner's
association is responsible for ownership and maintenance of the pressurized irrigation system.
The subdivision is a commercial subdivision which will have property owners who may not
be homeowners within the subdivision. The applicant should be required to provide a revised
preliminary plat with plat note#18 revised to state, "Irrigation water has been provided by the
Farmers Union Canal Company in compliance with Idaho Code Section 31-3805(1)(b). Lots
within the subdivision will be entitled to irrigation water rights and/or shares and individual
lots will remain subject to assessments from the Farmers Union Canal Company, to be paid
through fees assessed by the property owner's association. The pressurized irrigation system
shall be owned and maintained by the Stadium View Center Subdivision Property Owner's
Association, or its assigns. The revised preliminary plat should be provided prior to submittal
of a final plat application.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on January
3, 2023, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The applicant has indicated that Lot 9, Block 1, may be used for future development; therefore, it
should not be identified to be a common lot.
• The applicant should have the ability to utilize the existing wells for irrigation.
• The applicant has requested to not participate in the Conservation Education Program since the
application was submitted prior to participation in the program being required by City Code.
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COMMISSIONS DECISION:
The Commission voted 4 to 0(Guerber absent)to recommend approval of PP-14-22 for a preliminary plat
for Stadium View Center Subdivision with the site specific conditions of approval and standard
conditions of approval as provided within their findings of facts and conclusions of law document, dated
January 17, 2023.
PUBLIC HEARING OF THE COUNCIL (Public Hearing Audio/Video Record):
https://ea2le-
id.granicus.com/plaver/clip/1687?view id=1&redirect=true&h=9ced55115a3b2637ldceed32bdbcdfbf
A. A public hearing on the application was held before the Eagle City Council on February 14, 2023, at
which time testimony was taken and the public hearing was closed. The Council made their decision
at that time.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP-14-22 for a preliminary plat for Stadium View Center
Subdivision (Exhibit "A") with the following Planning and Zoning Commission recommended site
specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-07-19.
2. Comply with all conditions of DR-68-19.
3. Comply with all requirements of the City Engineer.
4. 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.
5. The existing buildings located within the property shall be removed prior to the City Clerk signing the
final plat for Stadium View Center Subdivision Phase I.
6. The overhead power located internal to the site shall be removed prior to the City Clerk signing the
final plat for Stadium View Center Subdivision Phase I.
7. Provide a revised preliminary plat showing streetlights located at the intersection of Lot 10, Block 1,
and Horseshoe Bend Road and at the intersection of Lot 10, Block 1, and Lot 6, Block 1. The revised
preliminary plat shall be provided prior to submittal of a final plat application.
8. The Stadium View Center Subdivision shall remain under the control of one Property Owner's
Association.
9. Provide a revised preliminary plat with plat note#10 revised to state, "This development is subject to
covenants, conditions, restrictions (Instrument No. )." The revised preliminary plat
shall be provided prior to submittal of a final plat application.
10. Provide a revised preliminary plat with plat note #13 referencing the Idaho Right To Farm Act,
removed from the plat. The revised preliminary plat shall be provided prior to submittal of a final plat
application.
11. Provide a revised preliminary plat with plat note #14 removed. The revised preliminary plat shall be
provided prior to the City Clerk signing the final plat.
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12. Provide a revised preliminary plat with plat note#15 revised to state,"Lots 6 and 10,Block 1, contain
drive aisles providing access to the subdivision. Each property owner within the subdivision is
conveyed A) the perpetual right of ingress and egress over the drive aisles, B) that such perpetual
easement shall run with the land, and C) that the restrictive covenant for maintenance of drive aisles
cannot be modified and the property owners' association or other entity cannot be dissolved without
the express consent of the City."The revised preliminary plat shall be provided prior to submittal of a
final plat application.
13. Provide a revised preliminary plat with plat note #18 revised to state, "Irrigation water has been
provided by the Farmers Union Canal Company in compliance with Idaho Code Section 31-
3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and/or shares and
individual lots will remain subject to assessments from the Farmers Union Canal Company,to be paid
through fees assessed by the property owner's association. The pressurized irrigation system shall be
owned and maintained by the Stadium View Center Subdivision Property Owner's Association,or its
assigns. The revised preliminary plat shall be provided prior to submittal of a final plat application.
14. Provide documentation from the Idaho Department of Water Resources (IDWR) indicating the
individual wells located on the site are permitted for irrigation use. The individual wells shall not be
utilized for potable use. The documentation shall be provided prior to the City Clerk signing the first
final plat.
15. The applicant shall be required to obtain the proper permit and subsequently abandon the existing
septic system and drainfield located on-site. Upon removal the applicant shall provide documentation
from the subdivision contractor indicating the septic system and drainfield were properly abandoned
prior to the City Clerk signing the first final plat.
16. The applicant shall provide CC&Rs that the Property Owner'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.
17. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to
install fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan.
Upon completion of the installation of the municipal fiber-optic conduit lines, the applicant shall
provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal
fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit lines
shall be dedicated to the City prior to the City Clerk signing the final plat for the associated phase.
18. 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.
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.
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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.
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
surety shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The
CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City
Attorney,prior to the City Engineer signing the final plat, requiring that lots be so graded that all
runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot
line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing
by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to
the City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including,but not limited to,landscaping,fencing, lighting,and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval
of the organized irrigation district, canal company, ditch association, drainage district, drainage
entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or
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canal. The applicant shall submit a copy of the written approval from the irrigation entity,
drainage district,or drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the
City Engineer prior to the City Engineer signing the final plat. All construction shall comply with
the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner,
or homeowner's/business owner's association,whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. 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.
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, 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.
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KAPlanning DeptTagle App1ications\SUBS\2022\Stadi=View MWorking Files\Stadiu View Sub ccf.doc
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 the Eagle Parks, Pathways, and Recreation
Commission for a path or walkway shall be approved in writing by the Eagle City Parks,
Pathways, and Recreation Commission 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.
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 floodplain(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 floodplain 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.
30. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions"until the final plat has received the approval of the
City Council(ECC 9-6-5 (A)(2)).
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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.
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.
37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment
over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy
truck traffic routes shall maximize use of highways and major arterials while minimizing use of
smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all
sub-contractors and for monitoring compliance.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a"Notice to Proceed"with construction letter
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-14-
22)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 requested preliminary plat complies with the approved zoning designation of C-I-DA
(Neighborhood Business District with a development agreement).
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 Plan Land Use Map
designation of Commercial and provides the required improvements for a subdivision or as may
be conditioned herein;
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KAPlaming Dept\Eagle Applications\SUBS\2022\Stadium View MWorking Files\Stadium View Sub ccCdoc
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 and because this site will be designed in
accordance with the requirements of the proposed development agreement, standards of Eagle
City Code and the Eagle Architecture and Site Design book(EASD);
d. Will not create excessive additional requirements at public cost for facilities and services as the
site will be served with central sewer from the Eagle Sewer District and will use public water to
be served from Veolia Water of Idaho. Fire protection will be available from the Eagle Fire
Department 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 is required to be reviewed and approved by
the Ada County Highway District and is subject to the conditions herein;
f. While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval;
g. That based upon agency verification and additional written comments provided, or as conditioned
herein,there is adequate public financial capability to support the proposed development;
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 the preliminary plat and
subsequent final plat approval as set forth within the conditions of approval herein.
DATED this 28th day of February,2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
so Pierce,Mayor
Zac�rE.
EST: G�; ....••"F
wP�• PEE ••: O
O /ofi ,l;agle City Clerk
O :
Page 16 of 16
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