Findings - CC - 2000 - PP-2-99 - Revised Pp 50.27 Acre 49 Lot(47 Buildable) Subd
OR I SINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT (REVISED PLAN) )
FOR COLONY II SUBDIVISION FOR CRAIG)
AND KRISTEN V AN ENGELEN )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-2-99
The above-entitled preliminary plat application came before the Eagle City Council for their action on
December 7, 1999, at which time the Council denied the proposed plat. On January 25, 2000, a request
for reconsideration by the applicant was presented to the Council to consider a revised plan. The Council
voted to not reconsider their previous decision and remanded the revised plan back to the Planning and
Zoning Commission for a recommendation on the revised plan following a public hearing.
The revised preliminary plat came before the Eagle City Council for their action on April 11,2000. 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 on the revised plan;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Craig and Kristen Van Engelen are requesting preliminary plat approval for the Colony
II subdivision "Revised", a 50.27-acre, 49 lot (47-buildable) residential subdivision
located on the south side of Floating Feather Road approximately Y2-mile west of
Ballantyne Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 20, 1999.
Revised plans were received on January 5, 2000.
c.
NOTICE OF PUBLIC HEARING FOR THE REVISED PRELIMINARY PLAT:
Notice of Public Hearing on the revised plan 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 January 31,2000. 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 January 28, 2000. Requests for agencies' reviews were
transmitted on January 6, 2000, in accordance with the requirements of the Eagle City
Code.
D.
HISTORY OF PREVIOUS ACTIONS:
On December 7, 1999, the City Council approved an annexation and rezone (A-3-99 &
RZ-5-99) from RT (residential- one unit per five acres maximum) to R-I (residential-
one unit per acre maximum) for this site and denied the preliminary plat as originally
proposed with 79 lots.
E.
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- R-l (Residential) Agriculture
units per acre maximum)
Proposed Low Density Residential (2- R-I (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 - 49
Residential - 47
Commercial - 0
Industrial - 0
Common - 2
Total Number of Units - 47
Single-family - 47
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 5.10
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.93-units per acre I-unit per acre maximum
Minimum Lot Size 37 ,084-square feet 37,000-square feet
Minimum Lot Width 112-feet (approx.) 100- feet
Minimum Street Frontage 65-feet (approx.) 35-feet
Total Acreage of Common Area 0.36-acres a-acres
Percent of Site as Common Area 0.7% 0%
1.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (J)(4)(b) requires a minimum 50-foot wide landscape
buffer area between minor arterials and new residential developments.
Berming, fencing and landscaping details are required for Design Review Board review
and approval prior to City approval of a final plat
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:
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Private or Public Streets:
Public streets are proposed to serve the majority of the site, however, one 520-foot long
private road is proposed as a driveway within the interior of the subdivision.
Applicant's Justification for Private Streets (if proposed): None provided
Blocks Less Than 500': none
Cul-de-sac Design:
One 500-foot long cul-de-sac with 50-foot radius circular turnaround is proposed within
this development.
Sidewalks:
The applicant is proposing to stripe a portion of the roadway for bicycle and pedestrian
use (similar to Redwood Creek Subdivision and Colony I Subdivision).
Separated sidewalks are not proposed, however, the applicant proposes to have tree lined
streets to be required within the subdivision's CC&R's (e.g. Redwood Creek).
Curbs and Gutters:
Ribbon curbs and grassy swales 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.
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: See comments under sidewalks above.
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
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O.
P.
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
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Drainage District #2
Eagle Fire Department
Eagle Sewer District
Farmers Union Ditch Company, Ltd.
Q.
LETTERS FROM THE PUBLIC:
Letter from Lisa and Mark Szentes dated, January 25, 2000.
R.
GENERAL STANDARDS FOR APPROVAL OF PRIVATE STREETS:
Section 9-3-2-5 (A) General Standards: Private streets may be permitted if the 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 ofthe 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 WITIDN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: None
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B.
c.
D.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
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:
.
The applicant states that a berm is proposed to be installed along the northern portion of this
site abutting Floating Feather Road. 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)(b). A minimum 50-foot residential
dwelling setback (buffer) area along the entire length of the north property line should be
noted on the final plat.
.
Regarding sidewalks for this site, the City Council has previously determined that for rural
subdivisions (subdivisions with I-acre or larger lot sizes) a 6-foot wide bike/ pedestrian
pathway striped along one edge of the roadway provides adequate room for pedestrian access
throughout the rural-type subdivisions.
In the past, ACHD has agreed to this type of bike/pedestrian path (in lieu of attached
concrete sidewalks with curb and gutter) for subdivisions with lots I-acre in size or greater.
ACHD's new policy manual now states that subdivisions with lot sizes 1.5-acres in size or
greater shall (at a minimum) stripe a 4-foot wide section on both sides of the roadway edge
for bike/pedestrian use. Staff recommends that the City support this new method for striping
the roadway edges in rural subdivisions, however, staff believes that this requirement should
be allowed for subdivisions with I-acre or larger lot sizes (instead of the minimum 1.5-acre
lot size as stated in ACHD's new policy manual).
The applicant should be required to submit with the final plat a striping plan showing a 4-
foot wide path striped on both edges of all roadways within this site. The plan should
include pedestrian designation markings such as diamonds or pedestrian/bicycle symbols to
be included with the striped areas.
.
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 the private street will serve to enhance the overall development. The following
reasons support the above noted finding:
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The proposed 520-foot long private road will enhance the development and help
to preserve the surroundings (hillside area) by providing a narrower access
(compared to a public street) to three lots below the hillside area. A narrow,
private street in this location with decrease the amount of excavation into the
hillside required for the roadway installation;
2. The private street within the subdivision provide safe and effective movement of
both vehicular and pedestrian traffic because of the following:
A private road in this location will reduce the number of direct driveway
accesses to the public road which is anticipated to decrease conflicts between
vehicles backing out onto the public roadway bicycles/pedestrians using the
public road;
3. The private street provides adequate access for service and emergency vehicles:
The Eagle Fire District has recommended approval within their response
received by the City on January 11,2000;
4. The private street within the subdivision does not adversely affect access to adjacent
properties:
The private street will not adversely affect access to adjacent properties since it
will not connect one public street to another and since the only function of
the private street is to serve as a driveway for three lots within the
subdivision;
5. The private street will not landlock adjacent property since it will be located within a
common lot within the subdivision;
6. The private street within the subdivision does not connect one public street to
another;
7. The use or alignment of the private street within the subdivision does not interfere
with the continuity of public streets as noted 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 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 WITIDN THE STAFF REPORT:
Staff recommends approval of the revised plan with the site specific and standard conditions of
approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the revised preliminary plat was held before the Planning and Zoning
Commission on February 14, 2000. Testimony was taken, the public hearing was closed, and the
Commission made their recommendation at that time.
B. Oral testimony in opposition to the revised plan was presented to the Commission by no one.
C. Oral testimony in favor of the revised plan was presented to the Commission by no one (not
including the applicant).
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D. Oral testimony neither in favor nor in opposition to the revised plan was presented to the
Commission by one (1) individual with concerns regarding the grouping of houses near the private
road, that turn lanes on Floating Feather might be advantageous, the effectiveness of north and south
traffic flow through the subdivision, and the status of water rights associated with the proposed
system for irrigation purposes.
COMMISSION DECISION:
The Commission voted 3 to 0 (Nordstrom abstained) (Trent Absent) to recommend approval of
the revised preliminary plat with the site specific and standard conditions of approval shown
within their Findings of Fact and Conclusions of Law document dated February 28, 2000.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the revised preliminary plat was held before the City Council on April 11, 2000,
at which time testimony was taken and the public hearing was closed. The Council made their
decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including
the applicant/representative)
COUNCIL DECISION:
The Council voted (4 to 0) to approve the revised preliminary plat for the Colony II subdivision
application with the following site specific and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable requirements of the City Engineer.
2. Construct a 5-foot wide meandering detached concrete sidewalk along Floating Feather Road
abutting the site.
3. 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".
4. The applicant shall submit a design review application showing proposed subdivision signage and a
landscape plan showing perimeter fencing (if proposed), street trees, common area landscaping, and
berming, fencing, and planting details within the required 50-foot wide buffer area along Floating
Feather Road abutting this site for review and approval by the Design Review Board prior to City
approval of a final plat.
5. Prior to City approval of a final plat submit an application for private streets for review and approval
by the City. The fee is $597.60 based upon $400.00 (base fee) plus 0.38 cents per lineal foot (520-
feet of private streets are proposed within the subdivision).
6. 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.
7. Place a note on the final plat that states, "Lot 4, Block 5, is a common lot for private street access for
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Lot 1, Block 1, and Lots 2 & 3, Block 5".
8. Provide a copy of the subdivision CC&R's showing the installation and maintenance requirements
for the proposed street trees. The CC&R's shall be reviewed and approved by staff prior to the City
Clerk signing the final plat.
9. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
10. Submit, with the final plat, a striping plan showing a 4-foot wide path striped on both edges of all
roadways within this site. The plan shall include pedestrian designation markings such as diamonds
or pedestrian/bicycle symbols to be included with the striped areas.
11. A traffic doughnut shall be placed on the south portion of North Colony Way (within this site) and a
landscape island shall be placed within the doughnut.
12. Construct a center turn lane on Floating Feather Road at the northern entry to this site.
13. The applicant shall install a 6-foot high white vinyl fence with lattice one the top along the south and
west perimeter of the Marshall property.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to
the platted property. The developer may submit a letter in lieu of plans explaining why plans
may not be necessary.
4.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required
prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5.
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.c.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 or shall have their sewer drainage system designed with a stub at
the house front to allow for future connection to a public sewer system.
8.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
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9.
10.
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.
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
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.
13.
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.
14.
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
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15.
16.
17.
requirements, and any other items of concern as may be detennined 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 pennits.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building pennit.
b.
c.
d.
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.
Should the homeowner's association be responsible for the operation and maintenance of the
stonn 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.
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.
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 pennit 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.
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22.
23.
24.
25.
26.
277.
288.
29.
30.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
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.
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.
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 public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2».
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The
financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified
check.
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.
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.
The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless
for any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 20, 1999. The revised
plans for this item were received by the City of Eagle on January 5, 2000.
2. Notice of Public Hearing on the revised plan 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 January 31, 2000. Notice of this public hearing was mailed to property owners within
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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 January 28, 2000. Requests for agencies' reviews
were transmitted on January 6, 2000, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the revised plan for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on March 27,
2000. 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 March 22, 2000.
3. In accordance with Eagle City Code 9-2-3 (D)(3)(a) the Eagle City Council makes the following
conclusions for the preliminary plat application PP-2-99 Colony II Subdivision (revised plan), as
proposed with the conditions noted 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
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.
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. Striped
edges of the internal streets within this site are proposed to be used as a north/south
pedestrian connection in-lieu of the pathway shown on the Comprehensive Plan Pathway
Plan.
Page 13 of 14
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DATED this 25th day of April, 2000.
CITY COUNCIL OF THE CITY OF EAGLE
Ada C ty, Idaho
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Sharon Moore, Eagle City Cle \' tqccTi.Þ:.L{i.i'
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Page 14 of 14
K:\Planning Dept\Eagle Applications\SUBS\1 999\Colony II revised ccfdoc