Findings - CC - 2023 - PP-04-23 - Application for a Preliminary Plat for Ambrosia Garden Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT FOR )
AMBROSIA GARDEN SUBDIVISION FOR )
STEVEN RICKS AND SUSANNE RICKS )
FAMILY TRUST )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-04-23
The above-entitled Preliminary Plat application came before the Eagle City Council for their action on
September 26, 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:
Steven Ricks and Susanne Ricks Family Trust, represented by Anna B. Canning with Centurion
Engineers, Inc., is requesting preliminary plat approval for Ambrosia Garden Subdivision, a 6-lot
(6-buildable) commercial subdivision. The 3.45-acre site is located at the northwest corner of
State Highway 44 and North Park Lane at 101 North Park Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Eagle High School Social Center/Cafeteria at 574 North
Park Lane from 7:30 — 8:00 PM, on Thursday, February 16, 2023, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received
by the City of Eagle on April 26, 2023. A revised preliminary plat was submitted to the City on
June 12,2023.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on May 15, 2023, 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 August 3, 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 August 4, 2023. The site was posted in accordance with
the Eagle City Code on July 28,2023.
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
September 8, 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 September 8,
2023. The site was posted in accordance with the Eagle City Code on August 23,2023.
D. HISTORY OF REVELANT PREVIOUS ACTIONS:
On June 16, 2015, the Director of Ada County Development Services approved a One Time
Division (OTD) for D. Keith and Ona L. Ricks Revocable Trust represented by Kristi Watkins
with J-U-B Engineers,Inc. (Project No.201500866 OTD)
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On February 17,2022,the City Council approved an annexation,rezone from RUT(Rural-Urban
Transition—Ada County designation)to R-9-DA (Residential with a development agreement [in
lieu of a PUD])and MU-DA(Mixed Use with a development agreement [in lieu of a PUD]), and
preliminary plat approvals for Skyview Subdivision(A-05-21/RZ-06-21/PP-08-21).
On June 14, 2022, the City Council approved a design review application for the common area
landscaping, pool house, pool, and 23 townhome buildings (124-units) within Skyview
Subdivision for Lennar Homes of Idaho, Inc. (DR-29-22).
E. COMPANION APPLICATIONS:All applications inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with Vacant
Development Agreement[in
Lieu of a PUD])
Proposed No Change No Change Commercial Subdivision
North of site Mixed Use R-9-DA(Residential with a Single-Family Attached
development agreement[in Residential(Proposed
_ lieu of a PUD]) Skyview Subdivision)
South of site Mixed Use M-U(Mixed Use) State Highway 44
East of site Mixed Use MU-DA(Mixed Use with Residential Subdivision
Development Agreement[in (Warrior Park
Lieu of a PUD]) Subdivision),
Convenience store with
fuel service
West of site Neighborhood R-9-DA(Residential with a Single-Family Attached
Residential development agreement[in Residential(Proposed
lieu of a PUD]) Skyview Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA,or DSDA.
H. SITE DATA:
Total Acreage of Site—3.45-acres
Total Number of Lots—6
Residential—0
Commercial—6
Industrial—0
Common—0
Total Number of Units—0
Single-family—0
Single-family attached—0
Two-family—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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GENERAL SITE DESIGN FEATURES:
Greenbelt Areas:
See Trails and Pathways Superintendent's memo dated October 22, 2021, (attached to the staff
report).
Open Space:
There are no common lots dedicated to open space. As part of the design review process, the
applicant will be required to comply with landscaping requirements (associated with individual
lots)pursuant to Eagle City Code Section 8-2A-7(B)(2).
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:
The preliminary plat notes the lots include a blanket public utility, pressure irrigation, and
drainage 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:
The existing home was demolished and the septic system was abandoned.
Preservation of Existing Natural Features:
The site contains existing mature trees along the Middleton Mill Canal. Eagle City Code Sections
8-7-3-3 and 9-3-8 (B) states that existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees, watercourses,
historic spots,and similar irreplaceable assets)shall be preserved in the design of the subdivision.
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:
See ACHD staff report,date stamped by the City on May 31,2023 (attached to the staff report).
Private Streets:None proposed.
Blocks Less Than 500':None proposed.
Cul-de-sac Design:None proposed.
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Sidewalks:
The preliminary plat, date stamped by the City on June 12, 2023, shows five-foot (5') wide
sidewalks located between the proposed buildings and the parking areas. Also, the ACHD site
specific conditions of approval associated with Skyview Subdivision apply to the required
sidewalks located adjacent to North Park Lane,West Flint Drive,and North Pincushion Avenue.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for the
streets located adjacent to the site.
Lighting:
Location and lighting specifications shall be reviewed and approved by the Design Review Board
and City Council prior to the submittal of the final plat. Any modifications made to the lighting
shall be completed before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat, date stamped by the City on June 12, 2023, shows a ten-foot (10') wide
regional pathway located in proximity and parallel to the southern property line.
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. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will receive potable water from Veolia Water of Idaho. Eagle Sewer District will
provide central sewer. The property will receive fire protection from the Eagle Fire Department
and police protection from the Eagle Police Department.
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—Yes—adjacent to Middleton Mill Canal
Evidence of Erosion—No
Fish Habit—No
Floodplain—No
Mature Trees—Yes—Adjacent to the Middleton Mill Canal
Riparian Vegetation—Yes—along the Middleton Mill Canal
Steep Slopes—No
Stream/Creek—Yes—Middleton Mill Canal
Unique Animal Life—Unknown
Unique Plant Life—Yes—Riparian area along the Middleton Mill Canal
Unstable Soils—No
Wildlife Habitat—Yes—Within the existing trees located within the site
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Preliminary Wetland Evaluation— Skyview Subdivision, date stamped by the City on April 28,
2021 (attached to the staff report).
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Geotechnical Evaluation For "Rick's Property" — A 15.5 + Acre Multi-Family Townhome
Residential Development Located To The North Of Highway 44 And West Of North Park Lane,
Eagle,Idaho,date stamped by the City on April 28,2021 (attached to the staff report).
Q. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Comments which appear to be special concern are noted below:
Ada County Highway District
Ballantyne Ditch Company
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
City Engineer: All comments within the engineer's letter dated July 18, 2023, are of special
concern.
R. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION
COMMISSION:
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's memo dated October 22,2021,are of special concern.
S. FISCAL IMPACT ANALYSIS:
See Developer Data Table, date stamped by the City on November 9, 2021, along with analysis
table(attached to the staff report).
T. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The site will be constructed in a single phase.
U. LETTERS FROM THE PUBLIC:None received to date
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:
6.3 Land Use Designations:
The Comprehensive Land Use Map(adopted November 15,2017),designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential.
Residential densities within the designation is up to 20 units per acre but density will be
determined on a site by site basis. Uses should complement and not take away from downtown
Eagle. Development within this land use designation should be required to proceed through the
PUD and/or development agreement process. See the planning area text for a complete
description of site-specific uses.
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Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls. This designation includes the
Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development
including natural vegetation and restoration,regional trails and connectivity.
6.4.2 General Land Use Objectives
A. Encourage the conservation and preservation of open spaces (sensitive habitat for plant,
wildlife,and species and unique areas)based on diverse values within the City of Eagle.
6.4.3 General Land Use Implementation Strategies
A. Conserve the natural features and resources that make Eagle unique.
K. Protect gravity flow irrigation systems including canals, laterals, and ditches to assure
continued delivery of irrigation water to all land serviced by such systems. Protect these
systems as a long-range economical method for water delivery and drainage.
6.5 Park Lane Planning Area
6.5.1 Park Lane Uses
C. All properties within the Park Lane Planning Area abutting State Street should designed to
promote trip capture by including a mix of residential uses, commercial uses (limited to lease
spaces no larger than 30,000 square feet)and office uses. The properties abutting State Street
should be reviewed and conditioned by the City through the use of a development agreement
at the time of rezone.
F. The area located on the northwest corner of State Highway 44 and Park Lane is designated
Mixed Use for the southern 17-acres, transitioning to neighborhood residential, up to 3 units
per acre, for the northern portion of the property. The transition area between the mixed use
and the residential area shall be reviewed and conditioned by the City through the use of a
development agreement at the time of rezone.
6.5.3 Park Lane Access/Connectivity
C. Cross-access agreements and shared service roads should be encouraged throughout the area
and should be a requirement for all non-residential development.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established,Purposes and Restrictions:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office,limited commercial,and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure
assemblage of properties in a unified plan with coordinated and harmonious development
which shall promote outstanding design without unsightly and unsafe strip commercial
development. Uses should complement the uses allowed within the CBD zoning district. All
development requiring a conditional use permit in the MU zoning district,as shown in section
8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in
accordance with chapter 6 or 10 of this title unless the proposed development does not meet
the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative
development, in conjunction with adjacent parcels(to meet the minimum area requirements),
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shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed
use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter.
Residential densities shall not exceed twenty (20) dwelling units per gross acre. When a
property is being proposed for rezone to the MU zoning district, a development agreement
may be utilized in lieu of the PUD and/or conditional use process if approved by the city
council, provided the development agreement includes conditions of development that are
required during the PUD and conditional use process.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation
noted on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was
approved by the city with a development agreement. Specific provisions, as may have been
incorporated within the development agreement, are applicable to development within this
zoning designation.
• Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations:
In addition to all yard regulations in Section 8-2-4 of this title,and in other sections of this
title,the following provisions should be adhered to:
D. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40')to any lot line of a Residential District; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the Council is provided. Such screening shall be a masonry or
solid fence between four feet (4') and eight feet (8') in height, maintained in good
condition and free of all advertising or other signs. Landscaping provided in lieu of such
wall or fence shall consist of a strip of land not less than twenty feet (20') in width
planted with an evergreen hedge or dense planting of evergreen shrubs not less than four
feet(4')in height at the time of planting.
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-4-1-6:Trail and Pathway Regulations:
E. Trail and Pathway Classifications:
1. Regional Trails and Pathways: are specified where a continuation of a major trail route
is required, anticipated or possible. They must be built to withstand loads from
maintenance, emergency and other vehicles that require access to locations along or
near the pathway. Therefore, the trails or adjacent lands must be designed to
accommodate the turning radius of such vehicles. The following requirements shall
be used for planning and implementation purposes. Exceptions may be granted by the
city if a subdivision has developed a suitable alternative to the city's pathway process
and associated requirements.
f. A twenty-five foot (25') wide non-revocable public access easement is required
unless otherwise approved by the city
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.5 The commercial area of the Property as depicted on the Concept Plan is to be developed with
a combination of retail, office, and bank/financial uses allowed within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations"under the MU (Mixed Use) zoning
designation(except as limited in Section 3.6,below).Buildings shall not exceed 7,000-square
feet in size. The total of the commercial buildings shall not exceed 23,000-square feet.
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E. DISCUSSION (based on the preliminary plat, date stamped by the City on June 12, 2023, and
the narrative, date stamped by the City on April 26, 2023):
• The parcel associated with the proposed subdivision was originally shown as a single-lot(Lot
64, Block 3) on the approved Skyview Subdivision preliminary plat (PP-08-21). The
applicant is requesting to further subdivide the parcel to create additional commercial lots.
• The preliminary plat shows a 10-foot regional pathway traversing the southern portion of the
property from east to west. It appears there is an easement line delineated as well; however,
the easement line is not identified in the preliminary plat legend. Pursuant to Eagle City Code
Section 9-4-1-6 (E)(1)(f), regional pathways are required to be located within a 25-foot wide
non-revocable public access easement. The applicant should be required to provide a revised
preliminary plat showing the 10-foot wide regional pathway located within a 25-foot wide
public access easement in favor of the City of Eagle. The revised preliminary plat should be
provided prior to submittal of a final plat application. The applicant should be required to
record the 25-foot wide public pathway easement associated with the 10-foot-wide regional
pathway and reference the recorded easement on the face of the final plat.
• Plat note #19 of the preliminary plat references that all lots within the subdivision provide
perpetual reciprocal cross-parking and cross-access for vehicular,pedestrian ingress-egress to
the public right-of-way. The note also references the development is subject to the Ambrosia
Garden CC&Rs. The applicant should provide a copy of the CC&Rs which contain language
addressing the reciprocal cross-parking and cross-access for vehicle and pedestrian ingress-
egress to the public right-of-way. The CC&Rs should be submitted with the final plat
application for review and approval by the City Attorney prior to the City Clerk signing the
final plat.
• The subdivision will contain pressurized irrigation, parking lots, landscaping, and amenities
(i.e. bike racks, benches, ect.) within the individual lots which will need to be maintained.
The applicant should be required to provide a copy of the CC&Rs which contains the
following provisions:
(a) An allocation of responsibility for maintenance of all community and privately owned
pressurized irrigation facilities, parking lots and amenities. The repair and maintenance
requirement shall run with the land and that the requirement cannot be modified and that
the Agreement cannot be dissolved without the express consent of the city.
(b) A requirement that all common landscaped areas are to be privately owned but shall be
described in and subject to a reciprocal easement allowing for common use by all
property owners within the development. The Agreement shall provide that a designated
property owner or group (i.e. business owner's association) shall have the duty to
maintain and operate all the landscaped areas in a competent and attractive manner,
including watering, mowing, fertilizing and caring for shrubs and trees in accordance
with Eagle City Code,in perpetuity.
(c) A requirement that all parking areas shall be shared within the subdivision.
The CC&Rs should be submitted with the final plat application for review and approval by
the City Attorney prior to the City Clerk signing the final plat.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
21, 2023, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
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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 three (3) individuals who had concerns regarding the allowance of a drive-through
restaurant located within the development and the traffic associated with a drive-through use.
Students leaving the high school will utilize the re
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by one (1) individual who discussed school release times and the school
district will not enforce a closed campus; therefore, allowing students to leave the campus to access
the drive-through restaurant for lunch.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information provided by
staff and the testimony provided.A summary of the deliberation can be found at the following link
(Granicus time: 03:18:36):
https://eagle-id.granicus.com/player/clip/1777?meta id=86638
COMMISSIONS DECISION:
The Commission voted 4 to 1 (McLaughlin against) to recommend approval of PP-04-23 for a
preliminary plat for Ambrosia Garden Subdivision with the site specific conditions of approval and
standard conditions of approval provided within their findings of fact and conclusions of law document,
dated September 5,2023.
PUBLIC HEARING OF THE COUNCIL (Public Hearing AudioNideo Record — Granicus time
2:59:00):
A. A public hearing on the application was held before the Eagle City Council on August 8, 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 two (2)
individuals who had concerns regarding the allowance for a drive through restaurant to be located
within the site. They also had concerns with access and the additional traffic which will occur due to
the proposed uses within the site.
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP-04-23 for a preliminary plat for Ambrosia 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-06-21.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice
by the City,whichever occurs first.
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4. Provide a revised preliminary plat showing the 10-foot wide regional pathway located within a 25-
foot wide public access easement in favor of the City of Eagle. The revised preliminary plat shall be
provided prior to submittal of a final plat application. The applicant shall record the 25-foot wide
public pathway easement associated with the 10-foot-wide regional pathway and reference the
recorded easement on the face of the final plat.
5. The applicant shall provide a copy of the CC&Rs which contain language addressing the reciprocal
cross-parking and cross-access for vehicle and pedestrian ingress-egress to the public right-of-way.
The CC&Rs shall be submitted with the final plat application for review and approval by the City
Attorney prior to the City Clerk signing the final plat.
6. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all service drives 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.Any and all drainage swales and/or seepage beds shall be placed
so as to not interfere with the required placement of street trees. 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 buildings. 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 service
drives trees that have been installed. On-going surety for service drive trees for all undeveloped
portions of the development will be required through project completion.
7. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a fmal plat.
8. 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).
9. The Ambrosia Garden Subdivision shall remain under the control of one (1) business owner's
association.
10. The applicant shall place a note on the final plat that the pressurized irrigation system is to be owned
and maintained by the Ambrosia Garden Business Owner's Association.
11. The applicant shall be required to provide a copy of the CC&Rs which contains the following
provisions:
(a) An allocation of responsibility for maintenance of all community and privately owned pressurized
irrigation facilities, service drive aisles, parking lots, and amenities. The repair and maintenance
requirement shall run with the land and that the requirement cannot be modified and that the
Agreement cannot be dissolved without the express consent of the city.
(b) A requirement that all landscaped areas are to be privately owned but shall be described in and
subject to a reciprocal easement allowing for common use by all property owners within the
development. The Agreement shall provide that a designated property owner or group (i.e.
business owner's association)shall have the duty to maintain and operate all the landscaped areas
in a competent and attractive manner, including watering, mowing, fertilizing and caring for
shrubs and trees in accordance with Eagle City Code,in perpetuity.
(c) A requirement that all parking areas shall be shared within the subdivision.
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The CC&Rs shall be submitted with the final plat application for review and approval by the City
Attorney prior to the City Clerk signing the final plat.
12. Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding
Plan associated with Ambrosia Garden Subdivision. The CEP Funding Plan shall be executed by the
Owner and City prior to the City Clerk signing the final plat.(ECC 8-6-7[B])
13. 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.
14. 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.
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.
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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
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.
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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 fmal plat.
A restrictive covenant must be recorded and a note on the face of the fmal 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 fmal plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or
other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the fmal 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.
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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)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The
financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified
check.
31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central
District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners,City Engineer,and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights,claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
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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. The applicant 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. The applicant 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-04-
23)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 MU-DA
(Mixed Use with a development agreement[in lieu of a PUD]).
b. The subdivision 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 Mixed Use,as shown within the findings provided within this document;
c. The subdivision will be served adequately by essential public facilities such as streets,police and
fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons
or agencies responsible for the establishment of the proposed use shall be able to provide
adequately any such services, as noted in the documentation provided from said agencies and as
required as a part of the conditions of approval;
d. That based upon agency verification and additional written comments of ACHD, Eagle Fire
District, and Eagle Sewer District as conditioned herein, there is adequate public fmancial
capability to support the proposed development;
e. There are no known capital improvement programs for which this development would prevent
continuity;
f. 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.
Page 15 of 16
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DATED this 10th day of October,2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
arson ierce,Mayor
74FTEST: ,��,,,,,,,,,,,,,,,,
POLE ,,,
'4(4,0
Tracy E. ,Eagle City Clerk C)."o�PT F_ •.
E-" e C .®Q+v •
STA1 o'°•a,�,aq t ;,
Page 16 of 16
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