Findings - PZ - 1999 - PP-5-98 - Pp For Clear Creek Crossing Subd/54.8 Acre/89 Lot
OR\G\NAl
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT FOR CLEAR
CREEK CROSSING FOR A RESIDENTIAL
SUBDIVISION FOR JA YO CONSTRUCTION
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-5-98
The above-entitled preliminary plat application came before the Eagle Planing and Zoning Commission for
their recommendation on December 7, 1998. The public hearing was left open and the item was continued
to January 4, 1999. The public hearing was closed at that time. The Eagle Planning and Zoning
Commission, having heard and ta,ken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
B.
PROJECT SUMMARY:
Jayo Construction, represented by Roylance & Associates, is requesting preliminary plat
approval for Clear Creek Crossing Subdivision, a 54.8-acre, 89-lot residential subdivision
generally located on the southwest corner ofN. Eagle Road and Floating Feather Road.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 16, 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 October 14, 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 October 16, 1998. Requests for agencies' reviews were transmitted on
September 18, 1998 in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF PREVIOUS ACTIONS:
On July 14, 1998, the City Council denied a request for an extension of time for Wintry
River (the preliminary plat previously submitted for this site).
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Medium Density R-4 (Residential) and Agriculture, and town
Residential ( 4-units per R-IO (Residential) houses
acre maximum)
Proposed No Change No Change Residences
North of site Low Density Residential RT (Residential) Agriculture
(2-units per acre
maximum) & Floodway
South of site Medium Density R-4 (Residential) Agriculture
Residential (4-units per
acre maximum) and
Mixed Use
East of site Medium Density R-4 (Residential) Residences, Agriculture &
Residential (4-units per Church
acre maximum)
West of site Low Density Residential R-I (Residential) Residences
(2-units per acre
maximum) & Floodway
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 54.8
Total Number of Lots - 89
Residential - 89-10ts
Commercial- 0
Industrial- 0
Common - 5.8-acres excluding floodway (not yet shown with lot
#'s on plat)
Total Number of Units - 89
Single-family - 89
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 5.4
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.62-units (2.06-units per acre 4-units per acre maximum
excluding floodway)
Minimum Lot Size 10,300 sq. ft. 8,000 sq. ft.
Minimum Lot Width 80-feet 70-feet
Minimum Street Frontage 39-feet 35-feet
Total Acreage of Common Area 5.8-acres (excluding floodway) 5.48-acres
Percent of Site as Common Area 10.6% (excluding floodway) 10%
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code requires a 50-foot wide minimum buffer area (with landscaping and
berming) along Floating Feather Road (see Eagle City Code). The applicant is proposing
a 60-foot buffer area in this location.
Also, a 10-foot wide landscaped pathway is proposed to be constructed within the
floodway along Dry Creek.
Open Space:
Will provide a total of 10.6% (excluding floodway) of common area. (10% required)
Storm Drainage and Flood Control:
Street drainage plans have been submitted by the applicant as required by the Subdivision
Ordinance. Specific drainage system plans are to be submitted to the City Engineer for
review and approval prior to the City Engineer signing the final plat. The plans are to
show how swales, or drain piping, will be developed in the drainage easements. Also, the
CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
Dry Creek runs along the entire western portion of this site. This area is proposed to be
designated as common area and be preserved for wildlife habitat and natural plant life. A
10-foot wide landscaped pathway is proposed to be constructed within this area.
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Also, the south east portion of the subdivision consists of slopes of 10% or more and
development in that area is therefore additionally regulated under the provisions of Eagle
City Code Section 9-5-3.
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: public
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
5-cul-de-sacs are proposed within this development. The design of the cul-de-sacs meet
the minimum requirements of Eagle City Code. Each cul-de-sac is proposed to have a 22-
foot diameter landscape circle in the center of the turn around area.
Sidewalks:
4-foot wide sidewalks are proposed within this development, however, the plat does not
show the location ofthe sidewalks. Sidewalks are required on both sides of the streets.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
NOTE: The applicant is proposing decorative lighting.
Street Names:
Street names approved by the Ada County Street Name Committee are shown on the
attached correspondence from that committee.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.) Also, a 10-foot wide
landscaped pathway is proposed to be constructed within the floodway along Dry Creek,
and two 20-foot wide easements are proposed for pathways connecting Remuda Way to
the Dry Creek Pathway. A School access pathway is also proposed.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
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L.
M.
N.
by the City Council. The Council has typically allowed low intensity residential streets
within subdivisions to suffice for bikes.
PUBLIC USES PROPOSED:
A 10-foot wide pathway is proposed to be constructed within the Dry Creek floodway
area. The path will extend along the entire western portion of the development and will be
open for public use.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Dry Creek
Evidence of Erosion - no
Fish Habitat - no
Floodplain - 100-year
Mature Trees - Trees along Dry Creek
Riparian Vegetation - Along Dry Creek
Steep Slopes - The application states "no" however there are slopes equal to or over 10%
within the south east portion of the proposed development.
Stream/Creek: Dry Creek is located on the western boundary of the site and Dry Creek Canal is
located near the southern boundary of the site
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - Along Dry Creek
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
See attached Biological Study & Evaluation prepared by Resource Systems Inc., dated
September 14, 1998, and the Hydrological Report on Dry Creek prepared by Kunz
Engineering, dated November 1997.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
City Engineer: Letter dated December 2, 1998.
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
New Dry Creek Ditch Company (represented by Rosholt, Robertson & Tucker, chartered)
Also attached is a November 2, 1998, letter from Kunz Engineering, a November 23, 1998, letter
from FEMA, and the AP A "City of Eagle Build-Out Scenario" regarding traffic generation
Q.
LETTERS FROM THE PUBLIC: None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF
REGARDING TillS PROPOSAL:
SPECIAL CONCERN
COMMENTS ON SPECIFIC POLICIES AND GOALS FROM THE EAGLE
COMPREHENSIVE PLAN
0 Hazard Areas
. #2: Whenever possible the existing natural floodplain of the Boise River and Dry Creek
should remain in a natural state as a greenbelt, wildlife habitat, agricultural, open space and
recreation-nature areas.
#3: Special drainage studies,for those areas within the 100 year floodplain, and any
other areas deemed necessary by the City, may be required before any development will be
approved...
.
Staff Comment: The proposal provides a common area for the floodway with no portion of any
lot encroaching into the floodway. The proposal also includes a regional public pathway within
this area. The applicant is proposing design solutions for location of streets and dwellings in the
fringe area of the floodplain. Design proposals include finish floor elevations for all homes to be a
minimum of I-foot above Base Flood Elevation (BFE) in accordance with the City's Title 10
"Flood Control" regulations and all streets to be a minimum of 6-inches above the BFE at
centerline and all manhole rings to be 6-inches above BFE - both proposals being over and above
the City's Title 10 "Flood Control" regulations.
The applicant sees no need to transfer any density from the "Hazard Area" (100 year flood plain)
to the out-parcel to the east (approximately 3-acres in size) which is outside of the 100 year
floodplain.
The applicant states that the proposed density is near 'l'2 of what would be allowed per the R-4 zone
and that their proposal to have such a lower density (than what is permitted) certainly meets the
intent of the clustering goals of the Comprehensive Plan, which is to have lower densities than
what would otherwise permitted per Eagle City Code.
0 Parks. Recreation. and Oven Spaces
. #3: To set aside for perpetual public enjoyment an adequate amount of open space such
as natural river frontage, greenbelt-river trail, creeks, drainage ways, buffers, floodplains,
wooded areas and viewpoints.
#4: Developers shall be encouraged to dedicate and develop areas for parks or tot lots in
new residential developments.
.
Staff Comment: The planning of this subdivision took into consideration the City's objective for
open space and trail systems, and the floodway common area, as well as 5.8-acres additional open
space (or 10.6 percent - over the 10% required per code) provides areas for recreation needs of all
residents.
0 Special Areas or Sites
. #4: To preserve existing trees and natural growth wherever practical and establish
appropriate landscaping as a part of new developments.
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Staff Comment: The tree growth along Dry Creek will be protected through design measures to
be regulated by the City and the "Common Area" designation proposed by the applicant. The
applicant states that specific attention will be given to the City's pathway plan and desire for a
regional public trail along Dry Creek and to ensure that existing habitat is not affected.
0 Transportation
. #5: To require that new developments provide for pedestrian, equestrian and bicycle
circulation in accordance with adopted local and regional pathway plans.
#18: 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
.
Staff Comment: The development provides an internal, off-street system pathways system and
proposes to implement the regional trail envisioned in the Comprehensive Plan. Community
appearance and land-use buffering is proposed for aesthetics, noise abatement and safety, along
Floating Feather Road and will be in accordance with Eagle City Code regarding buffer
requirements.
0 Community Design
. #4: The jloodway shall be reserved as a natural state such as a greenbelt, wildlife
habitat, open space recreational area and for agricultural uses.
Staff Comment: The Dry Creek floodway will be preserved as an open-space corridor in a
common area with the regional trail. The design of the development "bridges" the close-in
residential community character within the subdivision to the one acre lots west of Dry Creek
(Downing Downs Subdivision) with the common area buffer (floodway) which averages over 200-
feet in width.
0 Land Use
. Medium Density Residential
Suitable primarily for single family residential development within an urbanized setting.
Aoorooriate residential densities are 4 dwelling units or fewer per gross acre.
.
#3: To establish land use patterns and zoning district's that do not exhaust available
services. ..
#4: To promote compatibility between zoning districts.
#11: To identify... the Dry Creekjloodplain... as Special Areas...
.
.
Staff Comment: The Development proposes a density which provides medium density life-style
choices as outlined by the Comprehensive Plan. All with an overall density of less than 2.06-units
dwelling units per acre (excluding floodway) which is below the 4 or fewer units called out by the
Plan as well as below the 4 or fewer units permitted by the existing R-4 residential zoning
designation.
The Dry Creek floodway/floodplain has already been addressed above.
The Hillside area at the south east portion of the site needs to be addressed. The applicant is not
proposing to preserve and protect the hillside area but to remove the soil for fill material and to re-
slope the area at the property line with a gentle slope of approximately 3 horizontal to 1 vertical.
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B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
C.
SUBDIVISION AND FLOODPLAIN ORDINANCE PROVISIONS WHICH OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
.
Eagle City Code Section 9-5-3 "Hillside Subdivisions"
.
Eagle City Code Title 10 "Flood Control"
.
On November 10, 1998, the City Council voted (3 to 2 with Sedlacek and Merrill against and
Mayor Yzaguirre breaking the tie vote for a decision in favor) to not apply Eagle City Code
Section 9-4-1-10 (H) to development proposed within the floodplain and to apply the City's
Title 10 instead (minutes of the November 10, 1998, meeting are provided with the details
regarding the decision).
Eagle City Code Title 9 "Subdivisions", Section 9-4-1-10 (H) states, 'With the exception of
road crossings, approved drainage structures and recreation and open space uses which do
not involve the destruction of vegetal cove, development shall be prohibited within the 100-
year floodplain for ma;or waterways. and the 50-year floodplain for minor waterwayS'.
This section of code is also referenced to Title 10 with the following statement in the Code,
"See Title 10 of this Code, Flood Control".
This code appears to have been adopted with the subdivision ordinance which was approved
by the City in 1983.
Eagle City Code Title 10 "Flood Control" provides development criteriáor allowing
residential and non-residential developmentspecifically within Section 10-1-8-5 of that title.
That title also addresses potential conflicts with other code sections as follows.
Section 10-1-3: INTERPRETATION AND APPLICATION OF PROVISIONS:
A. Jurisdiction and Interpretation: This Title shall apply to all areas of special flood hazards
within the jurisdiction of the City. In the interpretation and application of this Chapter, all
provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the City; and,
3. Deemed neither to limit nor repeal any other powers granted under provisions of the Idaho
Code.
B. Conflicting Laws: This Title is not intended to repeal, abrogate or impair any existing
easements, covenants or deed restrictions. However, where this Chapter and other ordinance,
easement, covenant or deed restrictions conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Title 10 appears to have been adopted by the City in 1982.
D.
DISCUSSION:
.
A review of the APA Build Out Scenario (attached) indicates that planning a roadway, to
connect Ranch Drive to State Street in the future, will help carry approximate 2000 trips per
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day. This will alleviate some of the anticipated traffic congestion at Eagle Road and State
Street (unless the City desires Eagle Road in that area to be widened to five lanes) and will
help the commercial area west of State Street.
Based upon this information, staff believes that the applicant should provide a revised plan
realigning East Whitewing Drive, the Ranch Drive stub, and the southerly stub of Remuda
Way to allow for a less restricted flow of traffic from Ranch Drive through this site to a future
connection to State Street. The north/south roads should also be realigned to restrict cut-
through traffic from Floating Feather Road. Also, all garages should be side entry (unless a
circular driveway is constructed) along East Whitewing Drive, the Ranch Drive Stub, and the
southerly stub of Remuda Way to help alleviate "backing out" conflicts for residences along
this planned roadway in the future. (Staff will present an overhead at the public hearings to
illustrate the general concept proposed.
.
Also, see staff comments provided above.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the City does not apply Eagle City Code Section 9-4-1-10 (H), and the FEMA floodplain issues
can be resolved, 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
December 7, 1998, at which time testimony was taken. The public hearing was left open and the item
was continued to January 4, 1999. Additional 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 five (5) individuals to the
Commission. The concerns addressed were generally as follows: air quality, and traffic concerns on
Ranch Dr., that there is no computer model of the Dry Creek Drainage area, and the risk is not known,
that within the last 15 years this area has flooded twice, and the flooding has occurred very swiftly,
concern of the financial aspect of flooding and that the tax payers end up paying for clean up,
frustrated that a developer is even proposing to develop in the floodplain, regarding the road proposed
to the south, these proposed subdivisions should have more than one exit out, quotes FEMA statistics
regarding the chance of flooding in the 100 year floodplain, the tax payers will be the ones to pay for
the rebuilding, the negative impact of the development on the wildlife, the need for additional access to
the subdivision, concerned that the middle common area will not handle flood waters, and that it's not
a matter of if it will flood, but when it will flood.
C. Oral testimony in favor of the application was presented by one (1) individual to the Commission (not
including applicant and their representatives). The individual stated that Cobblestone Lane is a private
lane, it does not belong to ACHD or the City of Eagle, and that the residents of Cobblestone were not
notified of the meeting. Agrees with the developer that the roads within the proposed subdivision
should not be realigned to provide for the type of future connection between Ranch Drive and
Cobblestone Lane that would allow for a less restricted flow of traffic from N. Eagle Road to the W.
State Street without passing through the Eagle Road! State Street intersection.
D. All testimony presented at the public hearing is incorporated into these Findings of Fact by reference.
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COMMISSION DECISION:
The Commission voted 4 to 1 (Trent against) to recommend approval of the subdivision with the
following staff recommended site specific and standard conditions of approval with text shown
with strike-thru to be deleted by the Commission and text shown with underline to be added by the
Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Pr0','ide a re'¡ised plaR realiglÜøg East Wkite'llÏøg Drive, the RaReh DrF¡e stab, and the s0utRerly stub
of R-emüàa Way to allow fer a less restrieteà flow of traffie from RaReh Drive through this site to a
future eoøøeeti0ø to State Street.
2. The ØOA:.fi S01:lth roads shall be realigøeà to reskiet e1:lt: thf0Ugfl !Fame from floatiRg feather Road.
3. All garages should be side entry (unless a circular driveway is constructed) along East Whitewing
Drive, the Ranch Drive stub, and the southerly stub of Remuda Way to help alleviate "backing out"
conflicts for residences along the planned roadway (connecting Ranch Drive to State Street) in the
future. (See overhead presented by staff at the public hearings to illustrate the general concept
proposed).
4. Prior to City approval of a final plat, redesign the southeast portion of the site and provide specific
building setbacks to protect and preserve the hillsides which slope 10% or more (this will impact a few
lots at the southeast comer of the site and the proposed Ranch Drive, and a section of proposed East
Whitewing Drive).
Or
Ifthe City Council permits the hillsides to be removed for fill material within the subdivision, provide
grading plans for review by the City Engineer and grading /landscape plans to be reviewed by the
City's Design Review Board prior to City approval of a final plat. In this case slopes shall be no more
than 3 horizontal to I vertical.
5. Comply with all the requirements of the New Dry Creek Ditch Company. Provide an approval letter
from the Company prior to the City Engineer signing the final plat.
6. Comply with all conditions noted within the City Engineer's letter, dated November 23, 1998, except
regarding the street connection referenced in Item # I. The street connection to Eagle Road would be
preferable to align with Ranch Drive (as proposed by the applicant) for future access to State Street (as
proposed by staff).
7. Provide an easement for the public pathway along Dry Creek and construct the pathway as a 10-foot
wide gravel path.
8. Construct the two proposed pathway connections between Remuda Way and the Dry Creek pathway as
gravel paths.
9. Construct the proposed school access pathway as a 6-foot wide concrete path.
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10. Provide a landscape plan for all common area for Design Review Board approval prior to City
approval of a final plat.
11. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This street is to be extended in the future".
12. Useable park amenities such as, picnic tables, gazebos, swing sets, basket ball courts, ball fields and/or
similar amenities shall be provided within the common area. Landscape plans showing specific open
space amenities proposed shall be reviewed and approved by the City of Eagle Design Review Board
prior to City approval of any final plat.
13. Provide a note on the plat showing the required residential dwelling setback "buffer area" along
Floating Feather Road.
14. The applicant's property shall become annexed into the Eagle Sewer District's service boundaries and
the applicant shall comply with all applicable Eagle Sewer District regulations and conditions prior to
City approval of a final plat.
15. Subdivision street lights shall be decorative lighting and not shoe box style lights.
16. All homes within the 100-year floodplain shall be elevated a minimum of2-feet above BFE (base food
elevation).
17. With regard to site grading, this development shall have a no net loss effect on the floodplain.
18. The southerly stub street shall have a circular turn around with a minimum 50-foot radius.
Note: The Commission stated that the roadway may be below BFE.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5.
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
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7.
8.
9.
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 31-3805, 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.
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 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.
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
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13.
14.
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 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.
16.
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.
17.
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.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor 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.
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25.
26.
27.
28.
29.
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.
20.
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) ITom 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) ITom 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.
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 ITom 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 fmal 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.
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.
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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 September 16, 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 October 14, 1998. Notice ofthis 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 October 16, 1998. Requests for agencies' reviews
were transmitted on September 18, 1998 in accordance with the requirements of the Eagle City Code.
3. In accordance with Eagle City Code 9-2-3 (D)(3)(a) the Planning and Zoning Commission makes the
following conclusions for the preliminary plat application PP-5-98 Clear Creek Subdivision, 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 agency verification and additional written comments of the Eagle Fire
District, Eagle Sewer District, and the Ada County Highway District, or 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 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.
Page 15 of 16
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DATED this 19th day of January, 1999.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Q-DQ ~~
Donald Brinton, Chairman
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Page 16 of 16
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