Findings - PZ - 2016 - PP/FP-02-16 - Combined Pp/Final Plat^, BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A COMBINED PRELIMINARY PLAT )
/FINAL PLAT FOR FEATHERGLEN )
SUBDIVISION FOR JAYO DEVELOPMENT INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FP-02-16
The above -entitled Combined Preliminary Plat/Final Plat application came before the Eagle Planning and
Zoning Commission for their recommendation on June 6, 2016, at which time public testimony was taken
and the public hearing was closed. The Eagle Planning and Zoning Commission, 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:
Jayo Development, Inc., represented by Shawn Nickel with SLN Planning, is requesting combined
preliminary plat/final plat approval for Featherglen Subdivision, a 7 -lot residential subdivision (6 -
buildable, 1 -common). The 0.88 -acre site is located on the south side of West Floating Feather
Road at 135 West Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:30 PM, on Saturday, January 23, 2016, in
compliance with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on February 29, 2016.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code May 16, 2016. Notice of this public hearing was mailed to property owners within
three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title
67, Chapter 65, Idaho Code and Eagle City Code on May 13, 2016. The site was posted in
accordance with the Eagle City Code May 27, 2016. Requests for agencies' reviews were
transmitted on March 14, 2016, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 14, 2015, the City Council approved a Comprehensive Map Amendment from
Residential Four to Mixed Use and a rezone with development agreement from R-4 (Residential)
to MU -DA (Mixed Use with a development agreement in lieu of a PUD) (CPA-04-14/RZ-08-14).
E. COMPANION APPLICATIONS:
FPDP-03-16 — A floodplain development permit to allow for site development within the area of
special flood hazard
RZ-08-15 MOD — A development agreement modification request to address the side setbacks
associated with two-story structures and allow for the six (6) buildable lots to be accessed from a
shared common driveway.
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__ F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Mixed Use
No Change
Transitional
Residential
Residential Four
Mixed Use
Residential Four
ZONING
DESIGNATION
MU -DA (Mixed Use
with a development
agreement in lieu of a
PUD)
No Change
RUT (Rural -Urban
Transition — Ada agriculture
County designation)
LAND USE
Vacant Parcel
Residential subdivision
Single-family residence and
R-4 (Residential) Clear Creek Crossing Subdivision
MU -DA (Mixed Use
with a development
agreement)
Dentist office
R-4 (Residential) Clear Creek Crossing Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site — 0.88 -acres
Total Number of Lots — 7
Commercial — 0
Industrial — 0
Common — 1
Total Number of Units — 6
Total Acreage of Any Out -Parcels — 0
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ADDITIONAL SITE DATA
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
Percent of Site as Common Area
(measured as total landscaping of
the entire site)
PROPOSED
6.8 -dwellings units per acre
4,263 -square feet
38.3 -feet
38.3 -feet
13,433 -square feet inclusive of
shared driveway (7,150 -square
feet)
35% (inclusive of shared
driveway area)
I. GENERAL SITE DESIGN FEATURES:
REQUIRED
6.8 -dwelling units per acre as
limited within the development
agreement
4,263 -square feet (minimum)
as shown on the Concept Plan
contained within the
development agreement
50 -feet (minimum) as shown
on the Concept Plan contained
within the development
agreement
35 -feet (minimum)
7,667 -square feet (minimum)
20%
Pursuant to ECC Section 8-6-6-5 (A)
a decrease in the minimum lot size
may be permitted if there is an
"offsetting increase" of the same
square footage in open space
provided.
Landscape Screening:
The northern property line is located adjacent to West Floating Feather Road which is classified as
a minor arterial. The site has an existing landscaped berm approximately 20 -feet in width located
adjacent to West Floating Feather Road.
Open Space:
A total of 13,433 -square feet (0.31 -acres), approximately 35% of open space is proposed within
the residential subdivision. The open space is inclusive of a shared common driveway area
consisting of 7,160 -square feet.
Storm Drainage and Flood Control:
Storm drainage construction plans were submitted with this application and are required to be
reviewed and approved by the City Engineer. Lots are required to be graded so that all runoff runs
either over the curb, or to drainage easements, 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 applicant is proposing the front and rear lot line easements to be 12 -feet in width. The side lot
line easements are proposed at 5 -feet in width to coincide with the approved setbacks.
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Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) — No
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the
subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or development
of the site, any historical artifacts are discovered, state law requires immediate notification to the
state.
J. STREET DESIGN:
Private or Public Streets: Public
No new streets, street widening, or dedication of right-of-way to the Ada County Highway District
is proposed with this application.
Applicant's Justification for Private Streets (if proposed): None proposed.
Blocks Less Than 500': None.
Cul-de-sac Design: N/A
Sidewalks:
There is a seven -foot (7') wide attached sidewalk located adjacent to West Floating Feather Road.
The applicant is proposing an attached five-foot (5') wide sidewalk located adjacent to one (1) side
of the internal shared driveway.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards have been constructed
abutting the public street located adjacent to the site (West Floating Feather Road).
Lighting:
The applicant will be required to submit plans and details of any proposed street lighting to the
City for review and approval by the Design Review Board.
Street Names: No new streets are proposed with this application.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
See discussion under "Sidewalks" above.
Bike Paths: None proposed.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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r, N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — Yes — located within the Dry Creek Area of Special Flood Hazard (1% -chance
floodplain area)
Mature Trees — Yes — located on an existing berm adjacent West Floating Feather Road. Also, the
eastern third of the property contains a landscaped berm area with several mature trees.
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — No
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — No
Wildlife Habitat — No
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.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
COMPASS (Community Planning Association)
Eagle Fire Department
Eagle Sewer District
Idaho Department of Environmental Quality
Idaho Transportation Department
Republic Services
Q.
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
On April 14, 2015, the City Council approved a Comprehensive Map Amendment from
Residential Four to Mixed Use (CPA -04-14).
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or Development
Agreement process, see specific planning area text for a complete description. An allowable
density of up to 20 units per 1 acre.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-2-1: Districts Established:
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
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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),
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.
• Eagle City Code Section 8-2A-7 (J)(4): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way line of
the adjacent roadway. This buffer is required as part of the common area open space
owned and maintained by a homeowners' association. Any landscaping proposed to be
within the public right of way shall not be included as a part of the buffer area required
below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway (measured at the centerline) to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
b. Any road designated as a minor arterial on the transportation and pathway network
plan in the Eagle Comprehensive Plan:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way:
five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees,
and twenty four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the
shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided, in combination with the berm, a four foot (4') wide flat area
shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8-2A-7(0): Alternative Method of Compliance:
O. Alternative Methods Of Compliance:
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1. Project Conditions: It is not the intent of these landscape requirements to inhibit
creative solutions to land use problems. Under certain site conditions, a strict
interpretation of requirements may be either physically impossible or impractical.
Alternative compliance is a procedure that allows certain modifications to existing
regulations within this section. Requests for use of alternative landscaping schemes
are justified only when one or more of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance
is impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than
can be provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city
with a written request if an alternative method of compliance is proposed. The request
shall state which requirement as set forth within this section is to be modified, what
project conditions stated within subsection 01 of this section justify using the
proposed alternative, and how the proposed alternative equals or exceeds said
requirement.
3. Tree Fund: Persons applying for an alternative method of compliance for relief from
regulations that require all existing trees to remain on site may elect to make a
financial contribution to the Eagle city tree fund in lieu of retaining all trees on site.
The condition(s) which warrants the need for the tree fund alternate method of
compliance shall be specified in the application submitted under subsection 02 of this
section. If the application is approved, the amount to be contributed by the applicant
will be based upon the total caliper inches of deciduous tree(s) removed from the site
and the total vertical feet of coniferous trees removed from the site. Cost per caliper
inch for deciduous trees and cost per vertical foot for coniferous trees shall be
determined by resolution of the city council. The applicant shall have the right to
review and consider the value determination, and following said review, to reapply for
other alternative methods of compliance, without prejudice, in accordance with
subsection 02 of this section. (Ord. 462, 11-11-2003)
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-1-6: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local street)
substantially open to the sky, exclusive of streets, commercial and residential buildings, and shall
be designated and intended as a usable and convenient amenity for the residences of any proposed
development.
• Eagle City Code Section 9-2-3 (B)(1-5):
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request that
the subdivision application be processed as both a preliminary and final plat if all the
following exist:
1. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
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3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision
of the Zoning Title of the City.
• Eagle City Code Section 9-3-2-1(J):
Driveways: Driveways providing access to no more than two (2) dwelling units shall be
allowed within any subdivision.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Total easement width shall not be less than twelve feet (12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of
the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9-3-7: Planting Strips and Reserve Strips:
Planting strips and reserve strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed
next to incompatible features such as highways, railroads, commercial or industrial uses to
screen the view from residential properties and to provide noise mitigation for those
residents. Such planting strips/buffer areas shall be a minimum of twenty feet (20') wide
unless a greater width is required within section 8-2A-7 of this code. The landscape
strip/buffer area shall not be a part of the normal street right of way and shall comply with
all landscape/buffer area requirements within section 8-2A-7 of this code.
• Eagle City Code, 9-4-1-9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units shall be provided with a pressurized irrigation system to
be served with irrigation water unless a waiver, as outlined herein, is approved by the
City Council.
The city has adopted supplemental standards and regulations (titled "Pressure
Irrigation Standards", incorporated herein by reference and available at Eagle city hall)
pertaining to the design, construction and maintenance of pressurized irrigation
systems. Plans and documents reflecting the required standards and regulations shall
be submitted with the application for a preliminary plat.
The following design requirements and the requirements provided within the
supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation
system. These standards shall supplement all other regulations, and where at variance
with other laws, regulations, ordinances or resolutions, the more restrictive
requirements shall apply. The council may determine that revisions to the
supplemental standards are warranted and make such revisions by act of a resolution.
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a. The pressurized irrigation system may have a backup connection to a potable
water system with the approval of the city, city engineer, and the potable water
purveyor, and the installation of a state approved reduced pressure backflow
prevention assembly or an air gap separating the irrigation system and the potable
water system. The operation, maintenance, associated costs, and annual inspection
of the backup connection and the backup system's reduced pressure backflow
prevention assembly shall be the responsibility of the entities as determined in
"Pressure Irrigation Standards" of this section. Individual backup connections to
individual lots by individual lot owners shall be prohibited with the exception of
the common area lots owned and maintained by the homeowners' association.
b. The pressurized irrigation system shall be designed by a licensed professional
engineer registered in the state of Idaho, and the construction plans for the system
shall be reviewed and approved by the city engineer.
2. The requirement for installation of a pressurized irrigation system may be waived by
the city council when the applicant has established that any of the following situations
exist (the sale or transfer of an existing water right shall not be grounds for requesting
a waiver pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the property.
The lack of surface irrigation water right shall be documented in writing by the
appropriate irrigation district or canal company and the department of water
resources and shall be submitted with the subdivision preliminary plat. In this case
a waiver shall only be granted for that portion of the subdivision that cannot be
served.
b. Where an existing surface water right cannot be delivered to the property by an
irrigation district or canal company due to current delivery capacity or scheduling.
In these situations the city council may still require the installation of the pressure
irrigation system, provided water rights can be made available to the property and
delivery system modifications can be made so irrigation water can be supplied
within two (2) years.
c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the city engineer. The applicant shall present the
proposed alternative delivery system to the city engineer at the time the waiver is
requested.
d. That due to the specific circumstances surrounding a new subdivision, the cost of
obtaining water rights, reestablishing water rights or developing the system would
impose an undue economic hardship on the developer. For purposes of this
section, an undue economic hardship shall consist of a showing that the cost per
lot to develop the pressurized irrigation system would be twenty five percent
(25%) higher than the cost per lot for providing a pressurized irrigation system to
subdivisions of similar size and density constructed in the city within the previous
two (2) years; or the cost per lot of the pressurized irrigation system would exceed
five percent (5%) of the expected per lot market value of the subdivision.
The developer shall bear the burden of providing documentation, acceptable to the
city engineer and city council, demonstrating and supporting the estimated costs
of construction of the pressurized irrigation system, and the cost per lot for
irrigation systems in those subdivisions built in the last two (2) years as noted
above, and the expected market value of the subdivision lots. For phased
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developments, costs will be analyzed over all phases of the development rather
than the first phase only.
3. Should installation of a pressurized irrigation system be waived by the city engineer,
as outlined herein, compliance to Idaho Code 31-3805 is still required.
4. Requests for waivers shall be submitted to the city with the preliminary plat
application and shall be accompanied by an irrigation report, prepared by a licensed
Idaho registered professional engineer, stating the location and availability of surface
irrigation water and documenting the basis for the waiver request. If applicable, the
irrigation report shall be accompanied by a letter from the irrigation district or canal
company stating that water rights and/or a delivery system are not available to the
property. (Ord. 566, 5-15-2007)
• Eagle City Code, Section 9-5-7: Subdivision Within A Floodplain:
In addition to the provisions of this title, any subdivision within the designated floodplain of
the city shall comply with all applicable provisions of the floodplain regulations of the city as
now in effect or as may hereafter be amended.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.6 Owner shall comply with all applicable provisions for Title 10, Flood Control, of the Eagle
City Code.
3.7 Owner shall comply with Eagle City Code, Title 9, Land Subdivisions, regarding the type of
street providing access to the future lots located within the development.
E. FLOOD CONTROL ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code, Section 10-1-1: Findings of Fact and Purpose:
B. Purpose: It is the purpose of this title to promote the public health, safety and general
welfare, and to minimize public and private losses due to flood conditions in specific areas
by provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
5. To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in areas of special flood
hazard;
6. To help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future flood blight areas;
7. To ensure that potential buyers are notified that property is in an area of special flood
hazard, warn that city review and approval is not going to prevent flooding and that
flooding may occur, and advise of information available to the city regarding flood
hazards, studies and available options;
8. To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions;
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10. To restrict or prohibit uses which are injurious to health, safety or property in times of
flood, which result in environmental damage, or that cause increased flood heights or
velocities;
11. To minimize the impact of development adjacent to waterways on adjacent properties
upstream, downstream and across waterways;
12. To review development plans for property adjacent to waterways to minimize the
obstruction of the conveyance of floodwaters, review drainage/obstructions to flood
carrying capacity, and guide development adjacent to waterways toward the most
appropriate building envelope for its particular site;
13. To carry out the provisions of the comprehensive plan as well as health, safety and
welfare with regard to properties adjacent to waterways;
14. To review landscaping and access for flood carrying capacity and preservation or
enhancement of riparian vegetation;
15. To allow the river and creeks and their adjacent lands to convey floodwaters to
minimize property damage;
16. To regulate uses in the floodplain for the purpose of preserving, protecting, and
enhancing the abundance and diversity of fish, wildlife and riparian resources; and
17. To protect, preserve and enhance the waterways and floodplains as a recreation
resource.
• Eagle City Code, Section 10-1-2: Methods of Accomplishing Purpose:
In order to accomplish its purpose, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety and property due to
water or erosion hazards, or which result in damaging increases in erosion or in flood
heights or velocities;
• Eagle City Code, Section 10-1-5: Rules and Definitions:
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain subject to one percent
(1 %) or greater chance of flooding in any given year. Designation on maps always includes the
letters A or V. Areas of special flood hazard shall include all areas previously identified within
the areas of special flood hazard (ASFH) that have been excluded from the ASFH by a letter
of map revision (LOMR-F).
NO ADVERSE IMPACT: Floodplain management where the action of one property owner
does not adversely impact public property or other private property, as measured by increased
flood peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact
floodplain management is a policy which provides a means to promote the use of
retention/detention or other techniques to mitigate increased runoff from urban areas.
• Eagle City Code, Section 10-1-8-2: General Building Requirements:
E. Postconstruction Elevation Certificate: Prior to issuance of a certificate of occupancy, a
postconstruction elevation certificate (FEMA form 81-31) referencing land and structures
included or removed from the area of special flood hazard is required. All lots and
structures removed from the area of special flood hazard by letter of map change require
certification by a registered professional engineer demonstrating that the lot or structure is
"reasonably safe from flooding", as defined in section 10-1-5 of this chapter. The elevation
certificate must verify the elevation of the lowest floor or lowest adjacent grade to be one
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foot (1) above base flood elevation.
• Eagle City Code, Section 10-1-8-5: Subdivisions:
A. All subdivision proposals shall be consistent with the need to minimize flood damage;
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage; and
E. All subdivision plats shall identify and designate the 100 -year floodplain boundary and the
floodway boundary including a certification by a registered surveyor that the boundaries
were established consistent with the FIRM map for the city of Eagle. All subdivision plats
shall contain a note or notes that warn prospective buyers of property that sheet flooding
can and will occur and that floods of greater magnitude may inundate areas outside
identified floodway and floodplain boundary lines.
F. DISCUSSION:
• The applicant has submitted a combined preliminary plat/final plat application that reflects the
Concept Plan contained within the executed development agreement (Instrument #2015-
074170).
• Condition of Development #3.7 of the executed development agreement (Instrument #2015-
074170) requires the applicant to comply with Eagle City Code, Title 9, Land Subdivisions,
regarding the type of street providing access to the future lots located within the development.
The preliminary plat, date stamped by the City on April 15, 2016, shows a shared common
driveway located within Lot 7, Block 1, providing access to six (6) buildable lots. Pursuant to
Eagle City Code Section 9-3-2-1(J), driveways providing access to no more than two (2)
dwelling units shall be allowed within any subdivision. The applicant has submitted a
development agreement modification (to be heard by the City Council) with a request to allow
for the six (6) buildable lots to be accessed from a single shared common driveway. The
applicant should be required to provide a revised preliminary plat showing that no more than
two (2) dwelling units take access from a single driveway prior to submittal of a final plat
application. If the City Council approves the development agreement modification to allow
more than two (2) dwelling units to take access from a shared common driveway, the applicant
should provide a revised preliminary plat and final plat which contains a plat note that
identifies Lot 7, Block 1, as a common lot that a) conveys to the lot owners of Lots 1-6, Block
1, the perpetual right of ingress and egress over Lot 7, Block 1, b) provide that the easement
runs with the land, c) provide that the owners of Lots 1-6, Block 1 should be responsible for
the maintenance of the shared common driveway and common lot, d) provide that a restrictive
covenant for maintenance of the common lot and driveway cannot be modified without the
express consent of the city. The revised preliminary plat and final plat should be provided
prior to the City Clerk signing the final plat. The shared common driveway should be
completed prior to the issuance of building permits.
• Plat note #4, of preliminary plat, date stamped by the City on April 15, 2016, and plat note #2
of the final plat, date stamped by the City on April 15, 2016, states, "Minimum building
setback lines shall be in accordance with Eagle City Zoning Ordinance at the time of issuance
of a building permit or as specifically approved by the conditions of the development for the
City of Eagle RZ-07-14, Instrument No. , Records of Ada County, Idaho and
subsequent modification(s) prior to submittal of a final plat application. Although the executed
development agreement (Instrument No. 2015-074170) associated with the site identifies the
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rezone number as RZ-07-14, the actual rezone number is RZ-08-14 and will be modified with
the upcoming development agreement modification request. Also, the last part of the plat note
which states, "prior to the submittal of a final plat application" should be removed. The
applicant should provide a revised final plat with the plat note #2 revised to state, "Minimum
building setback lines shall be in accordance with the Eagle City Zoning Ordinance at the time
of issuance of a building permit or as specifically approved by the conditions of development
for RZ-08-14, or subsequent modification(s)." The revised final plat should be provided prior
to the City Clerk signing the final plat.
• The Flood Insurance Rate Map (FIRM), Panel # 16001 C0153H, effective February 19, 2003,
identifies the subject property to be located within a 1% Annual Chance Flood Hazard area
(formerly known as the 100 -year floodplain area). The applicant has submitted a floodplain
development permit (FPDP-03-16) for development of the site. The applicant should be
required to comply with the conditions of the floodplain development permit (FPDP-3-16)
prior to the City Clerk signing the final plat.
• Staff has reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria
to combine a preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like.
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision
of the Zoning Title of the City.
Since the proposed subdivision does not meet all of the criteria for a combined preliminary
plat/final plat, the aforementioned discussion items should be addressed prior to submittal of a
final plat application. Therefore, staff recommends that only a preliminary plat approval be
granted.
• The applicant is not proposing to construct the required landscape buffer area located adjacent
to West Floating Feather Road since the site contains a 20 -foot wide landscaped berm located
adjacent to the aforementioned road. The existing berm contains manicured grass and mature
trees. The subject property is bordered on the north by West Floating Feather Road. The 2035
Planning Functional Classification Map shows West Floating Feather Road as a minor arterial.
Pursuant to Eagle City Code, Section 8-2A-7(J)(4)(b), the applicant is required to construct a
50 -foot wide buffer area to be located within a common lot located between the residential lots
within the subdivision and the right-of-way line of the adjacent roadway. The required buffer
area is to contain a minimum five to eight foot (5' to 8') high berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof.
The required berm is to contain the following plants per one hundred (100) linear feet of right
of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2) flowering/ornamental trees, provided that
not more than fifty percent (50%) of the shade trees are substituted. Plat note #3 of the
preliminary plat, date stamped by the City on April 15, 2016, and plat note #1 of the final plat,
date stamped by the City on April 15, 2016, states, "Lot 7, Block 1, is a common lot to be
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owned and maintained by the Featherglen Home Owners Association and shall contain a
twenty (20) foot wide landscape easement in favor of and to be maintained by the Featherglen
Subdivision Home Owners Association. Said easement is shown on this plat." Due to site
constraints and the existing landscaped berm area the applicant may submit an Alternative
Method of Compliance application with a Design Review application to be reviewed and
approved by the Design Review Board prior to submittal of a final plat application.
• Within the provided narrative, date stamped by the City on April 14, 2016, the applicant has
requested a waiver of the requirement to provide pressurized irrigation to the site. The
applicant has indicated that the existing berm located onsite and adjacent to West Floating
Feather Road is currently connected to the adjacent subdivision's (Clear Creek Crossing
Subdivision) pressurized irrigation system. The narrative further states that, due to the fact
there are current issues between the applicant and the existing HOA regarding the availability
of additional irrigation water being provided by the existing system, and due to the area
(located outside of the berm area) that will need to be irrigated is approximately 7,300 -square
feet in size, the applicant would like to connect into the municipal system for their irrigation
needs. Both the preliminary and final plats, date stamped by the City on April 15, 2016,
contain plat notes that indicate that irrigation water will be provided to Lot 7, Block 1,
(common lot), by the New Dry Creek Ditch Company. The plat notes also states that the
irrigation water will be provided by and through an existing pressure irrigation system located
within the Clear Creek Crossing Subdivision. Pursuant to Eagle City Code Section 9-4-1-9(C),
with regard to the waiver of the requirement to provide pressurized irrigation the applicant is
required to provide proof that a sufficient surface irrigation water right does not exist for the
property or that the existing surface water right cannot be delivered to the property due to
delivery capacity or scheduling. Prior to receiving approval of a pressurized irrigation waiver,
the applicant should be required to provide the documentation required by Eagle City Code
Section 9-4-1-9(C), to be reviewed and approved by the City Engineer and the City Council
prior to the submittal of a final plat application. Also, the applicant should provide an executed
joint irrigation agreement between the applicant and the Clear Creek Crossing Subdivision
Homeowner's Association indicating the Clear Creek Crossing Subdivision Homeowner's
Association will continue providing pressurized irrigation to the berm area located within Lot
7, Block 1, Featherglen Subdivision. The executed joint irrigation agreement should be
provided prior to the City Clerk signing the final plat.
• Based on the topography lines shown on the preliminary plat, date stamped by the City on
April 15, 2016, it appears a portion of Lot 5, Block 1 and all of Lot 6, Block 1, is covered by
an existing berm. The Google earth aerial shows what appears to be a landscaped berm area
covering the eastern quarter of the site commensurate to the berm area shown on the
preliminary plat. The preliminary plat delineates existing trees covering Lot 6, Block 1,
located within the berm area. The aerial photo also shows the trees located within the berm
area. The preliminary plat does not identify the existing trees to be removed. The applicant
should be required to provide a tree inventory map indicating the existing trees to remain and
existing trees to be removed. The tree inventory map should be provided with the design
review application to be reviewed and approved by the Design Review Board prior to the City
Clerk signing the final plat.
• The overall site development must comply with the requirements of Eagle City Code and the
conditions of approval for a Design Review application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Combined Preliminary
Plat/Final Plat with conditions provided within the staff report.
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o',, PUBLIC HEARING OF THE COMMISSION: (Granicus time 0:53:43)
A. A public hearing on the application was held before the Planning and Zoning Commission on June 6,
2014, 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 one (1) individual. The individual was concerned with the setbacks impacting the residents
surrounding the proposal, the number of buildings, the concept of putting two story homes on the
proposed lots, and the lack of parking within the proposed subdivision.
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. The individual was concerned with the number of
modifications to the original development agreement and the enforcement of parking bans on private
drive aisles.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• The subdivision's CC&R's should contain a provision prohibiting parking on the shared common
driveway.
• The concern from adjacent property owners regarding two story houses is valid.
• The Commission noted that their action pertained to the preliminary plat only, and that the
restriction regarding limiting the houses to one story would be evaluated by the City Council
during their review of the development agreement modification.
COMMISSIONS DECISION:
The Commission voted 3 to 0 (Wright and Villegas absent) to recommend approval of the preliminary plat
only for Featherglen Subdivision for Jayo Development Inc. with the following staff recommended site
specific conditions of approval and standard conditions of approval with underline text to be added by the
Commission. The final plat was not recommended for approval at this time.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. This approval is for a preliminary plat only. A separate final plat application shall be required upon
completion of the Site Specific Conditions of Approval and Standard Conditions of Approval included
herein.
2. Comply with all conditions within the development agreement for rezone application RZ-08-14 or any
subsequent modifications.
3. Comply with the conditions of FPDP-03-16 prior to the City Clerk signing the final plat.
4. Comply with all requirements of the City Engineer.
5. 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. (ECC 9-2-3 [C] [3] [1])
6. Provide a revised preliminary plat showing that no more than two (2) dwelling units take access from a
single driveway prior submittal of a final plat application. If the City Council approves the
development agreement modification to allow more than two (2) dwelling units to take access from a
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shared common driveway the applicant shall provide a revised preliminary plat and final plat which
contains a plat note that identifies Lot 7, Block 1, as a common lot that a) conveys to the lot owners of
Lots 1-6, Block 1, the perpetual right of ingress and egress over Lot 7, Block 1, b) provide that the
easement runs with the land, c) provide that the owners of Lots 1-6, Block 1 shall be responsible for
the maintenance of the shared common driveway and common lot, d) provide that a restrictive
covenant for maintenance of the common lot and driveway cannot be modified without the express
consent of the city. The revised preliminary plat shall be provided prior to submittal of a final plat
application. If the shared common driveway is approved, then it shall be completed prior to the
issuance of building permits. (ECC 9-3-2-1 [J])
7. If the City Council approves a shared common driveway, "No Parking — Fire Lane" signs shall be
erected on both sides of the shared common driveway prior to the issuance of any building permits.
8. Provide a revised final plat with the plat note #2 revised to state, "Minimum building setback lines
shall be in accordance with the Eagle City Zoning Ordinance at the time of issuance of a building
permit or as specifically approved by the conditions of development for RZ-08-14, or subsequent
modification(s)." The revised final plat shall be provided with the submittal of a final plat application.
9. Due to site constraints and the existing landscaped berm area, the applicant may submit an Alternative
Method of Compliance application with a Design Review application to be reviewed and approved by
the Design Review Board prior to submittal of a final plat application. (ECC 8 -2A -7[O])
10. The applicant shall provide an executed joint irrigation agreement between the applicant and the Clear
Creek Crossing Subdivision Homeowner's Association indicating the Clear Creek Crossing
Subdivision Homeowner's Association will continue providing pressurized irrigation to the berm area
located within Lot 7, Block 1, Featherglen Subdivision. The executed joint irrigation agreement shall
be provided prior to the City Clerk signing the final plat.
11. Prior to receiving an approval of a pressurized irrigation waiver, the applicant shall provide the
documentation required pursuant to Eagle City Code Section 9-4-1-9(C) to be reviewed and approved
by the City Engineer and the City Council prior to the City Clerk signing the final plat. If a joint
irrigation agreement with the Clear Creek Homeowner's Association cannot be executed, then, the
applicant shall address the irrigation to the berm area as part of the pressurized irrigation waiver
request.
12. Provide a tree inventory map indicating the existing trees to remain and existing trees to be removed.
The tree inventory map shall be provided with the design review application to be reviewed and
approved by the Design Review Board prior to submittal of a final plat application. (ECC 8 -2A -7[C])
13. The Featherglen Subdivision shall remain under the control of one Homeowners Association.
14. The applicant shall place a note on the final plat that the pressurized irrigation system and all common
lots are to be owned and maintained by the Homeowner's Association.
15. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system and all common landscape areas in the subdivision are maintained in
a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees in perpetuity.
16. All plat notes that are required on the preliminary plat shall be transferred to final plat prior to
submittal of a final plat application.
17. The applicant shall provide CC&Rs indicating that the Homeowner's Association shall have the duty
to enforce a parking prohibition on the shared common driveway in the subdivision.
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.
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omits
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.
1. 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.
2. 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.
3. 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).
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&Rs 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,
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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.
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.
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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.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the flood plain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
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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.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat and
based upon the information provided concludes that the proposed preliminary plat application is in
accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within
the findings provided within this document and the proposed use is in accordance with the Mixed
Use land use designation of this area shown within the Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police and
fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately
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any such services, as noted in the documentation provided from said agencies and as required as a
part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would prevent
continuity;
d. That based upon agency verification and additional written comments of the Ada County Highway
District and Eagle Sewer District as conditioned herein, there is adequate public financial
capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of approval as set
forth within the conditions of approval herein.
2. The Commission reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat (PP/FP-02-16) and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum
criteria to combine a preliminary and final plat), has made the following conclusions regarding the
proposed combined/final plat:
a. The applicant was asking to waive the pressurized irrigation required by Eagle City Code Section
9-4-1-9(C)
b. The landscape berm along Floating Feather Road was narrower than required by Eagle City Code
Section 8 -2A -7(J).
c. The proposed development is located within the Area of Special Flood Hazard.
Due to the aforementioned issues, the proposal is not in conformance with Eagle City Code
Section 9-2-3(B) "1 thru 5" (minimum criteria to combine a preliminary and final plat) and thus,
the final plat should not be approved at this time.
DATED this 20th day of June, 2016.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho �--�
Trent Wright, Chairman
ATTEST:
Sharon K. Bergmann, Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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