Findings - PZ - 1999 - PP-2-99 - Pp For Colony Ii Subd/50.27 Acre/79 Lot
D.
E.
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT FOR COLONY n
SUBDIVISION FOR CRAIG AND KRISTEN
VAN ENGELEN
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-2-99
The above-entitled preliminary plat application came before the Eagle Planing and Zoning Commission
for their recommendation on October 18, 1999. 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:
Craig and Kristen Van Engelen are requesting preliminary plat approval for Colony II
Subdivision, a 50.27-acre, 79 lot residential subdivision located on the south side of
Floating Feather Road approximately Y2-mile west of Ballantyne Road.
B.
APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on August 20, 1999.
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 September 29, 1999. 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 1, 1999. Requests for agencies' reviews were
transmitted on August 23, 1999 in accordance with the requirements of the Eagle City
Code.
HISTORY OF PREVIOUS ACTIONS: None
COMPANION APPLICATIONS: A-3-99 & RZ-5-99
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-~ -- --"'-- , -,-, - -'--- '- ----------
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Low Density Residential (2- RT (Rural Transition) Agriculture
units per acre maximum)
Proposed Low Density Residential (2- R-2 (Residential) Residences
units per acre maximum)
North of site Very Low Density Residential RT (Rural Transition) Floating Feather Road
(I-unit per 2-acres maximum) /Residences
South of site Low Density Residential (2- R-l (Residential) Residences
units per acre maximum)
East of site Low Density Residential (2- RT (Rural Transition) Residences
units per acre maximum)
West of site Very Low Density Residential RT (Rural Transition) Agriculture
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 50.2
Total Number of Lots - 79
Residential - 74
Commercial - 0
Industrial - 0
Common - 5
Total Number of Units - 74
Single-family - 74
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 6.20
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--.'-...--- - -'--------._- -..,~--
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.4 72-acres 2-units per acre maximum
(based on an R-2 zoning
designation for the property)
Minimum Lot Size 17,000-square feet 17,000-square feet
Minimum Lot Width 35.69-feet 100-feet (R-1 zone)
75-feet (R-2 zone)
Minimum Street Frontage 35.69-feet 35-feet
Total Acreage of Common Area 6.9-acres 5.02-acres (minimum)
Except that, according to ECC
Section 9-3-8 (C) the City
may require additional public
and/or private park or open
space facilities in PUDs or in
subdivisions with 50 or more
lots.
Percent of Site as Common Area 13.7% 10% (minimum)
Except that, according to ECC
Section 9-3-8 (C) the City
may require additional public
and/or private park or open
space facilities in PUDs or in
subdivisions with 50 or more
lots.
I.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 13.7% of common area. (10% required except that, according to
ECC Section 9-3-8 (C) the City may require additional public and/or private park or
open space facilities in PUD's or in subdivisions with 50 or more lots.
The pathway plan within the Comprehensive Plan designates the Chevron pipeline as a
public pathway. The written narrative for this application states that a pathway will be
installed along the pipeline, however, the preliminary plat does not indicate a pathway
along the pipeline. Other than the separated sidewalks along the interior streets and the
sidewalk proposed along the portion of Floating Feather Road abutting this site, no
additional pathways are proposed.
Two 75-foot wide landscape lots have been provided along Floating Feather Road
located on the east and west sides of the northerly entrance. One 2.3-acre common area
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lot is proposed to be located on the east side of N, Colony Way with a portion of the
hillside area to be included within the common area.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance has submitted street drainage
plans. 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:
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: public
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': none
Cul-de-sac Design:
Two 180-foot long (approx.) cul-de-sacs with 50-foot radius circular turnarounds are
proposed within this development.
Sidewalks:
The applicant's response on the preliminary plat application states that no sidewalks are
proposed, however, the applicant has stated verbally to staff that 5-foot wide separated
sidewalks are proposed along the streets throughout the site.
Curbs and Gutters:
Ribbon curbs and grassy swales which meet Ada County Highway District standards, are
proposed for the interior streets.
Lighting:
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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.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
No pathways are shown on the preliminary plat, however, the applicant states on the
application that pedestrian pathways are proposed throughout the common areas.
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
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 - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - a hillside that exceeds 10% is located near the southern portion of the site
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):
Not required
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 September 3, 1999 are of special
concern (see attached).
Ada County Highway District
Central District Health
Drainage District #2 - Ringert Clark
Eagle Fire Department
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Q.
Eagle Sewer District
Joint School District No.2
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:
.
HOUSING
The dominant characteristics of the City and the Impact Area are those related to rural
transitional and residential use. The balance between those two characteristics is an
important goal.
POLICIES AND GOALS (#'s 1, 2 and 3)
1. A wide diversity of housing types and choice between ownership and rental dwelling
units shall be encouraged for all income groups in a variety of locations suitable for
residential development.
2. The location of all housing shall be coordinated with provisions for adequate public
facilities and services.
3. Development of housing for all income groups close to employment and shopping
centers shall be encouraged.
IMPLEMENTATION
4. The City's "Land Use Designation Map" shall reflect opportunity for a diversity of
housing types and residential densities in a variety of locations suitable for residential
development.
Staff Comment - The applicant states that the variety of lot sizes proposed and the lots being
smaller than those in the abutting Redwood Creek to the south and the 5-acre lots to the east will
provide a diversity of housing as called out for within this section of the Comprehensive Plan,
The Plan does encourage housing diversity, however such diversity should occur (and is
occurring) in areas that are planned and designed for mixed residential uses that incorporate
transition areas between differing land uses and lot sizes. It is not the intent of the Plan to
encourage housing diversification without considering existing land use patterns and promoting
compatibility between existing and proposed residential developments.
.
LAND USE CATEGORIES
B.
POLICIES AND GOALS (#'s 1, 2,3,4, & 20)
1. To preserve the rural transitional identity.
2. To preserve the natural features and resources of Eagle.
3. To establish land use patterns and zoning district's that do not exhaust available services
such as sewer, water, police, fire protection, recreational areas, highways and
transportation systems.
4. To promote compatibility between zoning districts.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Section 8-2-4
Minimum Lot width in an R-I zone is IOO-feet; R-2 zone 75-feet
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c.
D.
.
Section 9-3-8 (C) Public Sites and Open Spaces
Special Development: In the case of planned unit developments and large-scale
developments (subdivision with 50 or more lots), the City Council may require sufficient
public and/or private park or open space facilities of acceptable size, location and site
characteristics that may be suitable for the proposed development.
SUBDIVISION ORDINANCE PROVISIONS
REGARDING THIS PROPOSAL:
WHICH
OF
SPECIAL
CONCERN
.
Section 9-5-3
Hillside Regulations
.
ECC Section 9-3-8 (B) Natural Features: 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.
DISCUSSION:
.
It is staff s opinion that the development pattern and lot design/layout proposed with this
application is not in keeping with the rural transitional identity of Eagle. The development
may have been considered more appropriate if the lot sizes were larger around the perimeter
of the site with a cluster of smaller lots located near the center of the subdivision. Such a
design could have provided a larger verity of lot sizes and could have kept smaller lots
further away from the abutting lower density areas to the south and east. The lots located on
the western boundary should be increased in size so as to be compatible with two acre lots
since the Comprehensive Plan Land Use Map shows this area as Very Low Density
Residential (one unit per two acres maximum).
The majority of the open space for this site is concentrated in and around the hillside area
near the southwest portion of the site. No amenities are shown within this area and it
appears that much of this area will be unusable for picnic areas, benches, ball fields, etc.
since it is within an area with slopes greater than 10%, Staff recommends that additional
open space be provided in areas of the site so that it is accessible and useable by the residents
of the subdivision.
The pathway plan within the Comprehensive Plan shows a pathway along the Chevron
pipeline. The applicant states that a pathway is proposed along this pipeline, however, it is
unclear as to the specific location and layout of this pathway since it is not shown on the
preliminary plat. Staff recommends that a 10-foot wide pathway (not just an easement) be
shown on the preliminary plat.
.
If the City Council approves a rezone to R-2 for this site, then staff recommends that the
applicant submit a planned unit development (PUD) application for a subdivision at this site
that incorporates the following design feature changes:
a. Provide a more appropriate transition of lot sizes from the existing lots to the south to
Lots 18-24, Block 3 within this development;
b. Provide a more appropriate transition of lot sizes from the existing lots to the south to
Lots 26-30, Block 3, or provide building envelopes on Lots 26-30, Block 3, that
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guarantee that the houses will be located next to the roadway (as stated in the
application) and not within the hillside area so as to keep the houses farther away
from the existing lots to the south. By locating the houses away from the hillside,
rather than locating them in the hillside (by means of excavation for daylight
basements) should provide enough distance from the lots to the south so as to ensure
land use compatibility and to preserve the hillside area;
c. Provide a more appropriate transition oflot sizes from the existing lots to the east to Lots
15-17, Block 3 within this development;
d. Provide more special features (i.e.: parks, ponds, open areas, areas of special interest,
and/or other features);
e. Provide useable park amenities such as, picnic tables, gazebos, swing sets, basket ball
courts, ball fields and/or similar amenities shall be provided within the open space
areas. Landscape plans showing open space amenities shall be reviewed and
approved by the Design Review Board;
f. Provide a 10-foot wide asphalt pathway along pipeline within this site.
.
The applicant is not proposing a stub street to the property to the west. To enhance
intemeighborhood connectivity between existing and future development, staff recommends
that the City support ACHD's requirement to provide a stub street to the property to the
west.
ST AFF RECOMMENDATION PROVIDED WITIDN THE STAFF REPORT:
If the City Council approves an R-2 zone as proposed by the applicant, staff recommends the plat
include the site specific conditions and the standard conditions 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
October 18, 1999. 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 four (4) individuals, including a
petition signed by approximately 100 individuals, who voiced concerns related to the proposed
increase in density for the area, the incompatibility of small lots being placed next to existing larger
lots, increased traffic, and school overcrowding.
C. Oral testimony in favor of this proposal was presented by one (1) individual (not including the
owner/applicant or the representatives) who generally felt that the property owner had a right to
develop their property as proposed since farming the property is not as profitable as developing the
property .
COMMISSION DECISION:
The Commission voted 5 to 0 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. Pnwide a revised pllffi vlith the follev:ing desigR featl::tfe ehaHges:
a. Pro':ide a more appropriate transition of lot sizes from the existing lets to the south te Lets 1 g
24, Bloek 3 witffin this àe'lelepment;
b. Proyiàe a mere appropriate tnm.sitiÐfl of let sizes frem the I:mistiflg lots to tae SÐ\::lth to Lots 26
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30, Bloek 3, M 13roYide 1:nlildiBg eByele13es on Lets 26 30, Bloek 3, that guanmtee that the hel:lSes
will be 10eated BeRt to fhe readway (as stated iB the a1313lieatien) Iffld not '",ithin the hillside area
so as te kee13 the Reuses farther av¡ay ITem the eJtÏsting lets te the søut.fl. By leeating t.fle hØl:15eS
a'Nay [rem the hillside, rather thaR 10eating them in the hillside (by means ef exeavation for
daylight basemeflts) shm:llà previde enel:lgh àistanee frem the lots to the seuth se as te ensure
laRà I:lse eoffil9atïbility anti te }'Jreserve the hillsiàe area;
o. Proyide a more llfJ13ropriate traRsitien of lot sizes from the eJlisting lots to the east to Lets 15 17,
Bloek 3 '",ithin t.fiis àevele13meHt;
d. Provide more s13eeial feat1:1res (i.e.: parIes, ponds, e13eH areas, areas of s13eeial interest, anè/er
other features);
e. Provide usea-ble 13ark amenities sl:leh as, }'Jieflie tables, gazebes, s';;iflg sets, basket ball eourts,
ball fields andler similar amenities shall be }'Jrevided '.'lithiB the e13en sfJaee areas. LandsellfJe
pllffls snewiRg epeR spaee amenities shall be revievled aRd IlfJproved by t.fie DesigH Re'lÏew
Beaft:Þ,
f. Provide a 19 feet wide asphalt pa-tw,vay aleng pipeline '."ithin this site.
2. Comply with all site specific recommendations provided within the City's Engineering firm's
(Holladay Engineering) letter dated September 3, 1999.
3. The developer shall pro'áde 3 ineh minimum ealiper shade elass (Class 1 or 2) trees (to be revie',ved
and approved by the Design Revie'N Beard) along beth side of all streets ""ithin this de'¡ele13ment.
Trees shall be 13laeed at eaeh let eOffief ';lith the distaR6e between tfees to be ne mere than &0 feet er
loss thafl 35 f.eet. The tfees shall be loeated in a landseftJ3e strip betweeR the sidev;allc aRd the 6urb.
To aSSl:H"e the installatiofl ef the tfees and laRds6ftJ3ing reEl1:lired '.vithifl this eeHditien 13roviàe the City
with a 60flY ef the suèdivisien's CC&R's (to be re';ie';;ed Iffld llfJ13royed by the DesigH Reyiew
Boarè) sflowing reql:lirements for:
R. Types ef tfees and hmdseftJ3ing te be installed within the laRdsea13e strip;
B. Trees te be installed prior te issManee ef ee6u13aney 13ermits fer the homes;
c. .^.n autematie irrigation system to be installed by the hemeewÐ:em prior to issl:lanee of
oeel:l-fJaRey permits for tHe hemes; and
d. ReEll:lirements fer Hemee'l,'Rer maintenanee of trees, other landseaping, and automatie
irrigation system within the lanèseftJ3e strip.
4. Construct a meandering 5-foot wide concrete sidewalk along Floating Feather Road abutting the site.
5. Subdivision signage, common area, recreation center, street trees, existing trees, pathways, buffer
areas, perimeter fencing, and etc. shall be reviewed and approved by the Design Review Board prior
to approval of final plat.
6. Provide an ACHD-approved stub street to the property to the west.
7. 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".
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.
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3.
4.
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.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required
prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.c. 39-118).
5.
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (RC.c. 9-20-
8.4)
7.
All homes being constructed with individual septic systems shall have the septic systems placed
on the street side of the home.
8.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific
criteria for pressurized irrigation facilities,
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final
plat. A copy of the construction drawing(s) shall be submitted with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to
the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will
be developed in the drainage easements. The approved drainage system shall be constructed, or
a 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
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12.
13.
14.
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.
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 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
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17.
18.
19.
20.
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 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.
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.
25.
Basements in homes in the flood plain are prohibited.
26.
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.
27.
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.
28.
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
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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.
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 August 20, 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 September 29, 1999. 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 1, 1999. Requests for agencies'
reviews were transmitted on August 23, 1999 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-2-99 Colony II 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 the testimony and written comments of the Eagle Sewer District, 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'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.
f. The pathway, as depicted on the Comprehensive Plan Pathway Plan, should not be required
to be installed within this site unless the southerly extension of the pathway is installed so as
to continue through Redwood Creek Subdivision as depicted on the Pathway Plan,
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DATED this 15th day of November, 1999.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
(;¡1J)Q J\ ~
Donald Brinton, Chainnan
ATTEST:
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Sharoh Moore, Eagle City erk
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Page 14 of 14
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