Findings - CC - 1998 - PP-2-98 - 23 Acre 12 Lot Residential Subd.
BEFORE THE EAGLE CITYCOUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT FOR LAKELAND )
ESTATES (REVISED PLAT) FOR A RESIDENTIAL )
SUBDIVISION FOR RON BATH WITH )
LAKELAND INVESTORS, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-2-98
The above-entitled preliminary plat application came before the Eagle City Council for their
actin on June 9, 1998. The public hearing was closed at that time. 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:
Ron Bath with Lakeland Investors, LLC is requesting preliminary plat approval
for Lakeland Estates Subdivision (revised plat), a 23-acre, 12-lot residential
subdivision located approximately 1,000 feet south of State Highway 44, west of
old State Highway 55 (if extended).
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on April 2, 1998.
C.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter
65, Idaho Code and the Eagle City ordinances on April 17, 1998. 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 April 17, 1998. Requests for agencies'
reviews were transmitted on April 3, 1998 in accordance with the requirements of
the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and
the Eagle City ordinances on May 22, 1998. 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 21, 1998.
D.
HISTORY OF PREVIOUS ACTIONS:
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On May 28, 1997, the City Council approved a rezone (RZ-3-96) from A
(agricultural) to R-4 (residential), a 46-10t preliminary plat (PP-2-96) for Lakeland
Estates Subdivision (gated community), and a conditional use permit for
temporary gravel extraction for the proposed lake. The conditional use permit
(CU-9-96) has a time limit of one year with an allowance for an additional one
year extension if approved by Council.
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Medium Density R-4 (Residential) Vacant parcel
Residential (4-units per
acre maximum)
Proposed No Change No Change 12-lot residential
subdivision
North of site Mixed Use MU (Mixed Use) Vacant parcels
South of site Medium Density M-2 (Heavy Industrial Existing ponds/vacant
Residential (4-units per District)
acre maximum)
East of site Garden City Impact Area RT (Rural Transition) Vacant (agriculture)
(Ada County)
West of site Medium Density M-3 (Extractive Monroc Concrete Plant
Residential (4-units per Industrial District) and gravel extraction
acre maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 23-acres
Total Number of Lots - 12
Residential - 12
Commercial - 0
Industrial - 0
Common - 0
Total Number of Units-
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Single-family - 12
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.9-units per acre 4-units per acre maximum
Minimum Lot Size I-acre (approx.) 8,000 sq. ft.
Minimum Lot Width 166-feet 70-feet
Minimum Street Frontage 106-feet 35-feet
Total Acreage of Common Lots 2.5-acres 2.3-acres
Percent of Site as Common Area 10.8% 10%
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The applicant states within the justification letter for the subdivision that a berm is
proposed to be installed around the entire property to buffer the residences from
the surrounding commercial uses.
Eagle City Code Section 9-3- 7 (A) requires 20-foot wide (minimum) landscape
strips to screen adjacent incompatible features such as highways, railroads,
commercial or industrial uses from proposed residential properties.
Eagle City Code Section 8-2A-7 (J)(4)(c) "Any road designated as a principal
arterial on the AP A Functional Street Classification Map and/or any freeway or
expressway" (The functional class map shows a planned southerly extension of
Highway 55 to abut this site's west property line.)
That code section currently requires a minimum seventy five foot (75') wide
buffer area (not including right of way) to be provided with the following plants
per one hundred (100) linear feet of right of way: eight (8) shade trees, twenty
(20) evergreen trees, and forty eight (48) shrubs. Also, a minimum ten foot (10')
high, maximum twelve foot (12') high, berm, fence, decorative block wall, or
combination thereof is to be provided within the buffer area. The maximum slope
for any berm is to be three feet (3') horizontal distance to one foot (1 ') vertical
distance. If a fence or decorative block wall is to be provided, in combination with
the berm, a four foot (4') wide flat area at the top of the berm is to be provided for
the placement of the fence or decorative block wall. Chain link fencing shall not
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be permitted.
Berming, fencing and landscaping details will be required for Design Review
Board review and approval prior to City approval of a final plat.
Open Space:
Will provide a total of 10.8% of common area. (10% required)
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review
and approval prior to the City Engineer signing the final plat. The plans are to
show how swales, or drain piping, will be developed in the drainage easements.
Also, the CC&R's are to contain clauses to be reviewed and approved by the City
Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-
feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be
required to be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be
required to be preserved. 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:
Private streets are proposed. The widths (20' & 25') meet Eagle City Code for
vehicular travel lanes within the subdivision based upon the number of lots
proposed. A 5-foot wide gravel pathway is proposed separate from the streets.
The applicant proposes to connect the subdivision to State Street via a 25-foot
wide private street. This street will not be within the subdivision but is proposed
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to be within and easement to become a public street and public right-of-way in the
future.
Private street construction plans will be required to be submitted to the City for
Engineering review and an application review fee will be required prior to City
approval of the fmal plat. A gated entry is proposed.
Applicant's Justification for Private Streets:
"Private streets and a gated entry are essential for the protection of the inhabitants
as well as the public. As the property is surrounded by lakes created by previous
gravel extraction, none of the proposed private streets will have any future
potential of connecting to public right-of-way."
Blocks Less Than 500': None
Cul-de-sac Design:
The cul-de-sac is proposed to be 540-feet long (approx.) and is proposed to have a
circular turnaround with a 50-foot radius (approx.).
If private streets are approved, the proposed cul-de-sac (per ECC Section 9-3-2-5
(B)(6)) does not need to meet the minimum cul-de-sac design standards for a
public road as noted within ECC Section 9-3-2-1 (G). In any case however, the
maximum length of a "public road" cul-de-sac for a 2 acre minimum zoned area is
1,500 feet subject to the approval of the Eagle Fire District.
Sidewalks:
5-foot wide gravel paths are proposed along the private streets within the interior
subdivision.
Curbs and Gutters: None proposed.
Lighting:
Three street lights are proposed at the intersections and cul-de-sac within the
subdivision.
Street Names:
No street names have been proposed. Street names which meet with the approval
of the Ada County Street Name Committee are required to be shown on the final
plat.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths:
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None proposed. Eagle City Code section 9-4-1-7 states that a bicycle pathway
shall be provided in all subdivisions as part of the public right-of-way or separate
easement, as may be specified by the City Council.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - This area is designated a Special Area in the
Comprehensive Plan
Evidence of Erosion - no
Fish Habitat - unknown
Floodplain - yes (IOO-year)
Mature Trees - yes
Riparian Vegetation - unknown
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
REQUIRED):
The environmental assessment plan for this site was previously approved (as a
part of Lakeland Estates) by the City Council and City Engineer. Review and
approval of the new plat by the City engineer will be required to verify that the
previously approved EAP still applies to the new design. A letter from Osprey
Environmental is attached. The letter states that the lower densities will be more
favorable.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated April 29, 1998 are of
special concern (see attached).
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
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Idaho Transportation Department
Independent School District of Boise City #1
Q.
LETTERS FROM THE PUBLIC: None received to date
R.
GENERAL STANDARDS FOR APPROVAL OF PRIVATE STREETS:
Section 9-3-2-5 (A) General Standards: Private streets may be permitted ifthe
Council determines that the private street is in compliance with each of the
following standards:
1. Unique or special circumstances exist with respect to the proposed use,
design, location, topography, or other features of the development or its
surroundings such that private streets will serve to enhance the overall
development;
2. The private street provides safe and effective movement of both vehicular and
pedestrian traffic;
3. The private street provides adequate access for service and emergency
vehicles;
4. The private street does not adversely affect access or good transportation
planning to adjacent property and to the area travel networks;
5. The private street does not landlock adjacent property due to topography or
parcel layout;
6. Other than to provide emergency access, the private street does not connect
one public street to another, encouraging travel through the development
served by the private street;
7. The use or alignment of the private street does not interfere with the continuity
of public streets; and
8. An appropriate mechanism has been established for the repair and
maintenance of the private street, including provisions for the funding thereof.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Hazard Areas And Special Areas
BOISE RIVER FLOODPLAIN:
The Boise River Floodplain is designated as a "Hazard Area" due to the possibility
for flooding and is also designated as a "Special Area" due to its ecological and
scenic significance. Lower residential densities and larger opens space areas are
encouraged.
. Transportation
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POLICIES AND GOALS:
To establish and require minimum setbacks between development and roadways and
to encourage installation of berms and landscaping for all developments to enhance
safety and to enrich the roadway and community appearance.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: Noted in findings above.
C.
SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: Noted in findings above
D.
DISCUSSION:
. In considering compliance with the goals and objectives of the Comprehensive Plan
regarding the Boise River Flood Plain being designated as a "Hazard Area" and
"Special Area" the lower densities (one unit per two acres gross) are far superior as
compared to the densities previously proposed.
. The applicant states that a berm is proposed to be installed around the entire property
to buffer the residences from the surrounding commercial uses. Specific details
regarding size, height, landscaping and slope of the berm have not been submitted to
the City to date. As part of the design review for the site, the applicant should
provide specific berm construction and landscaping details as required by ECC
Sections 9-3-7 (A) and 8-2A-7 (J)(4)(c). A minimum 75-foot residential dwelling
setback (buffer) area along the entire length of the west property line should be noted
on the final plat.
. Due to the small number oflots (12) and due to the fact that this subdivision is to be a
gated community, staff believes that bike riders can use the streets with a fair
expectation of safety. Also, the 5-foot wide gravel path should be sufficient for
pedestrians and can provide an area for equestrian use also.
.
With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private
streets, staff has the following comments:
1. Unique or special circumstances exist with respect to the proposed use,
design, location, topography, or other features of the development or its
surroundings such that private streets will serve to enhance the overall
development. The following reasons support the above noted finding:
The Environmental Impact Study for this site points out that the
proposed lakes are especially desirable in the Boise River Flood Plain
area to preserve wildlife habitats and to help mitigate flood water
concerns. The proposed use is unique in that the applicant desires to
gate the community to limit liability regarding the lakes (public streets
cannot be gated-private streets can);
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2. The private streets within the subdivision provide safe and effective
movement of both vehicular and pedestrian traffic because of the following:
The width of the roadway is to be a minimum of 20-feet and 2S-feet,
providing sufficient room for inbound and outbound travel lanes while
a cul-de-sac with a SO-foot radius will provide adequate turn-around
area for vehicles;
The low number of lots (12) combined with the nature of a gated
community (the fact that no through streets will be provided within the
subdivision), creates a safe environment where conflicts between
vehicles and bike/pedestrian traffic is anticipated to be minimal;
3. The private streets provide adequate access for service and emergency
vehicles:
The Eagle Fire District has recommended approval within their
response received by the City on April 6, 1998;
4. The private streets within the subdivision do not adversely affect access to
adjacent properties:
The private street proposed to connect the subdivision to State Street
will adversely affect vehicular, pedestrian, and bicycle access to
properties east and south of this site and will seriously affect good
transportation planning because the connection to State Street at this
signalized intersection should be a public street connection planned to
provide access to State Street from the entire area south of State Street
in this location. The applicant should be required to dedicate sufficient
right-of-way for a minimum 30-foot wide roadway from State Street to
the north end of this subdivision. The roadway should be constructed
from State Street to the north end of this subdivision as a public street.
On the west side of the 30-foot wide street the applicant should stripe
a 6-foot wide pedestrian/bike lane to extend from State Street to the
subdivision;
S. The private streets will not landlock adjacent property if the right-of-way is
dedicated and street is built as recommended in Item #4 above;
6. The private streets within the subdivision do not connect one public street to
another, however the proposed private street between the subdivision and
State Street would in the future. Therefore, that street should be required to be
a public street as recommended in Item #4 above;
7. The use or alignment of the private streets within the subdivision do not
interfere with the continuity of public streets. However, the private street,
which is proposed to connect State Street to this subdivision, will interfere
with the continuity of public streets unless right-of-way is dedicated and the
street is built as recommended in Item #4 above); and
8. An appropriate mechanism will be established for the repair and maintenance
of the private street, including provisions for the funding thereof, within the
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required CC&R's for the subdivision and with any necessary notes to be
provided on the final plat, all to be reviewed and approved by the City
Engineer and City Attorney prior to City approval of the final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
May 4, 1998. Testimony was taken, the public hearing was closed, and the Commission
made their recommendation at that time.
B. Oral testimony in opposition to the application was presented by no one.
C. Oral testimony in favor of the application was presented by no one.
D. Vicki Purdy representing the Dry Creek Ditch Company speaks to notify the Commission
that communication has been ongoing between Ron Bath and themselves. Both parties are
working together to resolve Ditch Company related issues.
COMMISSION DECISION:
The Commission voted 4 to 0 (Wilson absent) to recommend approval of the subdivision
with the site specific and standard conditions of approval shown within the Planing and
Zoning Commission Findings of Fact and Conclusions of Law document dated May 18,
1998.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on June 9, 1998.
Testimony was taken, the public hearing was closed, and the Council took action at that time.
B. Oral testimony in opposition to the application was presented by no one.
C. Oral testimony in favor of the application was presented by no one.
D. Farrin Farnworth, 1600 Riverside Drive Eagle, Idaho, commented on obtaining water from
New Union Ditch Company to supply the lakes.
COUNCIL DECISION:
The Council voted 4 to 0 to approve the subdivision with the following site specific and
standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
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1. Prior to City approval of the final plat, a design review application for berming, fencing,
common lot and perimeter landscaping/buffering, and subdivision entry signage details will
be required for Design Review Board review and approval.
2. Provide a note on the plat showing a 75-foot wide residential dwelling setback "buffer area"
along the entire length of the subdivision's west boundary line.
3. Construct the road, from State Street to the subdivision entry road (northeast corner of
subdivision) to public road standards. Modify sections #1, II and V, of the easement
agreement dated April 29, 1998, regarding the easement for the road from State Street to the
subdivision entry road (northeast corner of subdivision). The modifications shall:
A. Provide an allowance for the easement to be used for vehicle and pedestrian
ingress/egress for Lakeland Estates as well as any other development in the area;
B. Provide a requirement generally stating that, "When any development is proposed on the
property where the easement lies said development shall not be permitted unless
sufficient right-of-way is dedicated for a public road in the location of the easement
(aligned with the Horseshoe Bend Road) extending from State Street to the subdivision
entry road (northeast corner of subdivision).
4. Prior to City approval of a final plat submit an application for private streets for review and
approval by the City. The fee is $1,113.26 based upon $400.00 (base fee) plus 0.38 cents per
lineal foot (1,877-feet of private streets are proposed within the subdivision and the easement
connecting State Street to the subdivision).
5. Establish a mechanism for the repair and maintenance of the private streets, including
provisions for the funding thereof, within the required CC&R's for the subdivision and
provide any necessary notes on the final plat, all to be reviewed and approved by the City
Engineer and City Attorney prior to City approval of the final plat
6. Prior to City approval of the final plat submit a Flood Plain Development Permit Application
for review and approval by the City.
7. An approved Conditional Use Permit (currently approved as CU-9-96) for temporary
operation of a gravel operation to create the proposed lake is required.
8. Prior to City approval of the final plat, provide a letter from the Eagle Sewer District
approving the method for sewage disposal or provide a letter from Central District Health
approving septic tanks.
9. Prior to City approval of the final plat, provide the City with an approval letter from the New
Dry Creek Ditch Company (Address is: PO Box 430, Eagle Idaho 83616). Any easements
and any conditions required by the ditch company shall be shown on the final plat.
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10. Prior to City approval of the final plat, provide a letter from ITD stating that they have
reviewed any required traffic impact study and further approve the subdivision.
11. Comply with the requirements of the City Engineer.
12. Provide a note on the final plat generally stating that, "Shared driveways shall provide access
to no more than two dwelling units".
13. The final plat may be modified to include additional land for Lot 1, Block 2, if the applicant's
proposed land trade is consummated with the land owner to the north.
14. Prior to City approval of a final plat, provide a copy of the CC&R's to the City Attorney
showing a provision for the disclosure of the fact that there is a commercial gravel mining
operation next to the property, and the City of Eagle knows of no date regarding when or if
the operation may discontinue.
15. Prior to issuance of any certificates of occupancy for the subdivision, provide the City with a
letter form DEQ and the Department of Water Resources assuring the City that the two large
man-made lakes are safely designed. The edges of the pits shall be re-graded to provide a
gentle slope with no abrupt drop-offs. The CC&R's shall have a provision for the continued
monitoring and maintenance of water quality in the lakes.
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
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7.
8.
9.
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.
All homes being constructed with individual septic systems shall have the septic systems
placed on the street side of the home.
Per Idaho Code, Section 31-380S, 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.
The applicant shall submit a letter from the appropriate drainage entity approving the
drainage system and/or accepting said drainage; or submit a letter from a registered
professional engineer certifying that all drainage shall be retained on-site prior to the City
Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted
with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans shall show how swales, or
drain piping, will be developed in the drainage easements. The approved drainage system
shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to
the City Engineer signing the final plat. The CC&R's shall contain clauses to be
reviewed and approved by the City Engineer and City Attorney, prior to the City
Engineer signing the final plat, requiring that lots be so graded that all runoff runs either
over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, 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
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12.
13.
14.
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.
Street light plans shall be submitted and approved as to the location, height and wattage
to the City Engineer prior to the City Engineer signing the final plat. All construction
shall comply with the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the
City Engineer, for the purpose of installing and maintaining street light fixtures, conduit
and wiring lying outside any dedicated public right-of-way, prior to the City Engineer
signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision
prior to signing of the final plat by the Eagle City Engineer.
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.
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.
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..
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 for non-residential uses
(ie; Commercial, Industrial, Schools, etc.). Flow rates shall 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.
The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building permit.
b.
c.
d.
15.
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
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16.
17.
18.
20.
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.
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.
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.
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 ofthe final plat by the City Council.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by
the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
approval of the final plat by the City Council.
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".
21.
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.
22.
The development shall comply with the Boise River Plan (if applicable) in effect at the
time of City Council consideration of the final plat.
23.
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.
24.
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.
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25.
26.
27.
28.
Basements in homes in the flood plain are prohibited.
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.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the City of Eagle. The burden shall be upon the applicant to
obtain written confirmation of any change from the City of Eagle.
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 fmal plat. The financial guarantee shall be a Letter of Credit, Certificate of
Deposit, cash deposit or certified check.
29.
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.
30.
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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 2, 1998.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on April 17, 1998. 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 April 17,
1998. Requests for agencies' reviews were transmitted on April 3, 1998 in accordance with
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the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on May 22, 1998. 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 21, 1998.
3. In accordance with Eagle City Code 9-2-3 (D)(3)(a) the City Council makes the following
conclusions for the preliminary plat application PP-2-98 Lakeland Estates Subdivision
(revised plat), as proposed with the conditions recommended herein:
a. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle
City Code Title 9, as shown within the findings provided within this document and
the proposed residential use is in accordance with the residential land use designation
of this area shown within the Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as
highways, 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;
c. That there are no known capital improvement programs for which this development
would prevent continuity;
d. That based upon the testimony and written comments of the Eagle Sewer District,
Eagle Municipal Water System provider (EM Squared), Eagle Fire District, and the
Ada County Highway District, 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 and Council's attention have been adequately addressed by the applicant
or will be conditions of final plat approval as set forth within the conditions of
approval above.
4. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the
Council finds:
a. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
that private streets will serve to enhance the overall development. The following
reasons support the above noted finding:
The Environmental Impact Study for this site points out that the proposed
lakes are especially desirable in the Boise River Flood Plain area to preserve
wildlife habitats and to help mitigate flood water concerns. The proposed use
is unique in that the applicant desires to gate the community to limit liability
regarding the lakes (public streets cannot be gated-private streets can);
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b. The private streets within the subdivision provide safe and effective movement of
both vehicular and pedestrian traffic because of the following:
The width of the roadway is to be a minimum of 20-feet and 25-feet,
providing sufficient room for inbound and outbound travel lanes while a cul-
de-sac with a 50-foot radius will provide adequate turn-around area for
vehicles;
The low number of lots (12) combined with the nature of a gated community
(the fact that no through streets will be provided within the subdivision), .
creates a safe environment where conflicts between vehicles and
bike/pedestrian traffic is anticipated to be minimal;
c. The private streets provide adequate access for service and emergency vehicles:
The Eagle Fire District has recommended approval within their response
received by the City on April 6, 1998;
d. The private streets within the subdivision do not adversely affect access to adjacent
properties:
The private street proposed to connect the subdivision to State Street will
adversely affect vehicular, pedestrian, and bicycle access to properties east
and south of this site and will seriously affect good transportation planning
because the connection to State Street at this signalized intersection should be
a public street connection planned to provide access to State Street from the
entire area south of State Street in this location. The applicant should be
required to comply with the site specific conditions (specifically site specific
condition #3) herein to mitigate this concern;
e. The private streets will not landlock adjacent property if the site specific conditions
(specifically site specific condition #3) herein is complied with (also as noted Item #d
above);
f. The private streets within the subdivision do not connect one public street to another,
however the proposed private street between the subdivision and State Street would in
the future. Therefore, that street should be required to comply with site specific
condition #3 herein (also as noted Item #d above);
g. The use or alignment of the private streets within the subdivision do not interfere with
the continuity of public streets. However, the private street, which is proposed to
connect State Street to this subdivision, will interfere with the continuity of public
streets unless the site specific conditions (specifically site specific condition #3)
herein is complied with (also as noted Item #d above); and
h. An appropriate mechanism will be established for the repair and maintenance of the
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private street, including provIsIOns for the funding thereof, within the required
CC&R's for the subdivision and with any necessary notes to be provided on the final
plat, all to be reviewed and approved by the City Engineer and City Attorney prior to
City approval of the final plat.
DATED this 23rd day of June, 1998.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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