Findings - PZ - 2000 - PP-10-00 - Arbor Ridge Subd/52.3 Acre/149 Lot
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR ARBOR
RIDGE FOR A RESIDENTIAL SUBDIVISION
FOR STACIA PATTERSON
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-I0-00
The above titled preliminary plat application came before the Eagle Planning and Zoning
Commission for their recommendation on October 16, 2000. 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:
Stacia Patterson, represented by Mark Butler with Land Consultants Inc., is
requesting a preliminary plat approval for Arbor Ridge Subdivision. The 52.3-
acre, 149-lot (142-buildable) residential subdivision is located west of State
Highway 55 generally north of Hill Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 6,2000.
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 August 11,2000. 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 August 11,2000. Requests for agencies'
reviews were transmitted on July 18, 2000 in accordance with the requirements of
the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 10, 1991, the Eagle City Council approved a conditional use permit
to operate a gravel extraction facility on this parcel.
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential Three (3- R-3 (Residential) Gravel Operation/
units per acre max.) Agricultural (Pasture)
Proposed No Change No Change Residential Subdivision
North of site Residential R-4 (Residential), Rl & Agricul turalIResi den ti al
ThreeIResidential Four RT (Ada County Subdivision
(3-units/4-units per Residential)
acre max.)
South of site Residential Three (3- R-l & R-3 (Residential) Gravel Operation!
units per acre max.) Residences
East of site Business Park BP (Business Park) State Highway 55/
Gravel Operations
West of site Residential Three (3- RT, R-1, R-3, PS (Rural Residential Subdivision/
units per acre Transition, Residential, Agricultural/ Future
max.)/Public/Semi- Public/Semi-Public) City Park
Public
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the CEDA, DDA or TDA
H.
SITE DATA:
Total Acreage of Site - 52.3-acres
Total Number of Lots - 149
Residential - 143
Commercial - 0
Industrial - 0
Common - 6
Total Number of Units -
Single-family - 142
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.71-units 3-units maximum
Minimum Lot Size 1O,000-square feet lO,OOO-square feet
Minimum Lot Width 75-feet 75-feet
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area 6.17 -acres (not including 5.23-acres
landscape strip and separated
sidewalk along roadways)
Percent of Site as Common Area 11.08% 10%
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
A master landscape design plan (including open space areas) has not been
submitted to date.
Eagle City Code Section 8-2A-7 (J)(4)(c) requires a minimum 75-foot wide
landscape buffer area between principal arterials/freeways 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.
Open Space:
Eagle City Code, Section 9-3-8 D requires a minimum of 10% of open space for
subdivision located in an R-3 zone. 11.08% is proposed.
Storm Drainage and Flood Control:
The applicant will be required to install a drainage system to accommodate the
storm water runoff from the public right-of-way. Said plans shall be reviewed and
approved by the Ada County Highway District.
The applicant as required by the Subdivision Ordinance shall submit 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 shall 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. These clauses shall require lots
to be graded so that all storm water runoff travels either over the curb, or to the
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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 should be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site, which should be
preserved. If during excavation or development of the site, historical artifacts are
discovered, state law requires immediate notification to the state.
J.
STREET DESIGN:
Private or Public Streets:
The applicant proposes to construct 33-foot wide interior public streets (as
measured from back of curb to back of curb) within 50-feet of right-of-way. The
proposed Arbor Ridge Way as it extends northerly from the southern boundary
line is to be constructed as a 51-foot wide public street (back to back) with a nine-
foot wide landscape island traversing along the centerline.
Applicant's Justification for Private Streets (if proposed):
None proposed. Arbor Ridge Way (extending southerly from the southern
property line to Hill Road) is proposed to be a public street (dedicated public
right-of-way in this location is required).
Blocks Less Than 500': None Proposed
Cul-de-sac Design:
Two cul-de-sacs are proposed.
Curbs, gutters and sidewalks:
The applicant proposes to construct 4-foot wide detached, meandering sidewalks
(separated from the curb with a 8-foot wide planter strip) with curb and gutter
abutting the interior roadways. 5-foot wide meandering sidewalks within 8-foot
wide planter strips are proposed along both sides of Arbor Ridge Parkway
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extending from the subdivision's southern property line to Sadie Drive. The
section of Arbor Ridge Parkway between the southern portion of this site and Hill
Road is proposed to be improved with a 5-foot wide detached, meandering
sidewalk within a 15-18- foot wide park strip along one side of the street.
Lighting:
Eagle City Code, Section 9-4-1-5, states that all subdividers shall be required to
install streetlights. Location and lighting specifications shall be provided to the
City Zoning Administrator prior to the City Engineer signing the final plat.
Street Names:
A letter from the Ada County Street Name Committee approving all proposed
names should be submitted prior to the City Clerk signing the final plat.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
In addition to the comments as stated above, the developer is proposing to build
two separate pedestrian walkways within the subdivision consisting of
approximately 380-linear feet.
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 - yes, unstable soils
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - yes
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMAR Y OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
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REQ UlRED):
Because of the uncertain and questionable stability of the soils to be placed within
the soon to be filled gravel pit, the developer should be required to submit an
environmental assessment prepared by an interdisciplinary team of professionals.
See the City Engineer's letter of August 9,2000 and October 4,2000.
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 letters dated August 9, 2000 and
October 4,2000 are of special concern (see attached).
Ada County Highway District
Central District Health
Di vision of Environmental Quality
Drainage District #2 - Ringert Clark
Eagle Fire Department
Eagle Sewer District
Meridian Joint School District No. 02: Seven Oaks Elementary is at capacity, Eagle
Middle is at capacity, Eagle High is above capacity.
Q.
LETTERS FROM THE PUBLIC:
Traffic Study by Dobie Engineering, Inc., dated July 17, 2000
Letter date stamped by City of Eagle on August 28, 2000, from Warren and Anne
Marie Wardlow.
Letter from Ann M. Pardew-Peck and C. Bryant Peck, dated October 13,2000
Letter from William W. Pardew and Helen S. Pardew, dated October 16,2000
STAFF'S ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 9 - Parks Recreation and Open Space
9.6 - Open Space
Open space is land which is not used for buildings or structures and offers opportunities
for parks, recreation water amenities, greenbelts, river trails and pathways, tourism,
leisure activities, viewpoints, and wildlife.
9.6.2 - Objectives
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c. To protect against hazards that are inherent to flood plains, flood ways, steep slopes
and areas of geological instability.
9.6.4 - Implementation Strategies
g. Create an ordinance that requires developers to dedicate and establish open
space/parks in new developments.
Chapter 11 - Special Areas and Sites
11.4 - Implementation and Strategies
i. The City may require developers to prepare and submit an environmental assessment and any
such additional reports as the City may from time to time require, for any development on land
within an area designated as a Special Area or Site or for any development impacting a Special
Area or Site.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Section 8-2A-7 (J)(4)(c)
Any road designated as a principal arterial on the AP A Functional Street
Classification Map and/or any freeway or expressway:
A minimum of seventy five feet (75') wide buffer area (not including right of
way) shall be provided with the following plants per one hundred (100) linear
feet of right of way: six (6) shade trees, ten (10) evergreen trees, four (4)
flowering/ornamental trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that
not more than fifty percent (50%) of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm,
panelized vinyl fence, decorative block wall or cultured stone, decorative rock,
or similarly designed concrete wall, or combination thereof shall be provided
within the buffer area. The maximum slope for any berm shall be three feet
(3') horizontal distance to one-foot (1 ') vertical distance. If a panelized vinyl
fence, decorative block wall, or cultured stone, decorative rock, or similarly
designed concrete wall is to be provided, in combination with the berm, a four
foot (4') wide flat area at the top of the berm shall be provided for the
placement of the fence or decorative block wall. Panelized vinyl fencing shall
be no higher than four feet (4'). Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted.
The ten foot (10') minimum height requirement for the berming/fencing shall
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be permitted to be decreased one foot for every thirteen feet (13') of additional
buffer area added to the seventy five foot (75') wide buffer noted above. (Ord.
328,8-11-1998)
.
Section 8-2-4 requires that lot sizes for R-3 zoning shall be a minimum of 10,000-
square feet in area.
.
Section 8-2-4 (I) requires that the minimum lot frontage adjacent to a public street
shall be 35-feet.
c.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Section 9-3-6 (A)
Unobstructed utility easements shall be provided along front lot lines, rear lot
lines and side lot lines when deemed necessary. Total easement width shall not be
less than twelve feet (12').
.
Section 9-3-8 (D) requires that the minimum percentage of gross area set aside for
open space in an R-3 zone shall be lO-percent (10%).
.
Section 9-5-3-2 (A)
All development proposals shall take into account and shall be judged by the way
in which land use planning, soil mechanics, engineering geology, hydrology, civil
engineering, environmental and civil design, architectural and landscape design
are applied in hillside areas, including but not limited to:
1. Planning on development to fit the topography, soils, geology, hydrology and
other conditions existing on the proposed site;
2. Orientation of development on the site so that grading and other site
preparation is kept to an absolute minimum;
6. Allocation of areas not well suited for development because of soil, geology
or hydrology limitations for open space and recreation uses;
.
Section 9-5-3-2 (B)
Areas having soil, geology or hydrology hazards shall not be developed unless it
is shown that:
1. Their limitations can be overcome;
2. That hazard to life or property will not exist;
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3. That the safety, use or stability of a public way or drainage channel is not
jeopardized; and
4. That the natural environment is not subjected to undue impact.
.
Section 9-5-3-3
The developer shall retain a professional engineer(s) to obtain the following
information:
A. Soils Report: For any proposed hillside development a soils engineering report
shall be submitted with the preliminary plat. This report shall include data
regarding the nature, distribution and strength of existing soils, conclusions
and recommendations for grading procedures, design criteria for corrective
measures and opinions and recommendations covering the adequacy of sites to
be developed.
B. Geology Report: For any proposed hillside development a geology report shall be
submitted with the preliminary plat. This report shall include an adequate
description of site geology and an evaluation of the relationship between the
proposed development and the underlying geology and recommendations for
remedial remedies.
The investigation and subsequent report shall be completed by a professional
geologist registered in the State of Idaho.
C. Hydrology Report: For any proposed hillside development a hydrology report
shall be submitted with the preliminary plat. This report shall include an
adequate description of the hydrology, conclusions and recommendations
regarding the effect of hydrologic conditions on the proposed development,
and opinions and recommendations covering the adequacy of sites to be
developed.
.
Section 9-3-6 (A)
The developer shall submit a slope stabilization and re-vegetation plan which
shall include a complete description of the existing vegetation, the vegetation to
be removed and the method of disposal, the vegetation to be planted and slope
stabilization measures to be installed. The plan shall include an analysis of the
environmental effects of such operations, including the effects on slope stability,
soil erosion, water quality and fish and wildlife.
(Note: The City Engineer has addressed the majority of these issues in his letters
of August 9, 2000 and October 4,2000.)
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D.
DISCUSSION:
.
.
This site is located within the R-3 zoning district which allows residential
densities up to 3-units per acre. The applicant is proposing 2.73 units per acre.
.
The applicant is proposing to reclaim a currently operational gravel pit, thereby
raising the issue with the stability of existing and imported soils at the site. Due
to this extensive undertaking, it is important that full stabilization is accomplished
and that it be confirmed with documentation of the site before the fill begins as
well as during the fill process. It is also crucial that the type and origin of the fill
to be placed is identified and is acceptable as structural fill. The monitoring of
this process by the City Engineer should be required.
.
The applicant is proposing to use an existing approach and roadway to provide
access from Hill Road to the southern boundary of the parcel. This roadway does
not appear to be a public right-of-way and should not be approved as a private
road as ECC Section 9-3-2-5 (A) (6) prohibits the connection of two public roads
with a private road. Therefore, the applicant should dedicate this roadway as a
public right-of-way.
.
The applicant is proposing a 5-foot wide landscape strip between the sidewalks
and roadways within this development. One of the purposes of this landscape
strip (specific to this development) is to take water runoff from the roadway and
hold the water for a period of time until it percolates into the ground. If approved
by ACHD, this method of handling storm water runoff from the roadways may be
an acceptable alternative to the conventional seepage beds typically located under
the roadway surface.
Since street trees are proposed to be located in this drainage area, staff
recommends that this grassy area be widened to 8-feet wide to minimize the
negative impacts any standing water may have on the trees.
Staff will provide detailed discussion regarding this proposed development during the
oral presentation at the Planning and Zoning Commission and City Council meetings.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
October 16, 2000, at which time testimony was taken and the public hearing was closed. The
Commission continued the application to the November 6, 2000, meeting. The Commission
received a letter and a revised subdivision plan, dated October 31, 2000, from the applicant
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addressing concerns raised at the October 16, 2000, meeting. This letter and revised plan are
incorporated into these findings by reference. The Commission made their recommendation
at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by five (5) individuals with concerns regarding the location of stub streets,
increased traffic on adjoining subdivisions created by this development, reclamation of gravel
pit site, elevation of the site and how two story houses may block the view of surrounding
properties.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 3 to 0 (Bloom absent) (Deckers abstained) to recommend
approval of PP-1O-00 for a Preliminary Plat for Arbor Ridge Subdivision (plan date
stamped by the City on October 31,2000) with the following site specific conditions of
approval and standard conditions of approval with text shown with strike-thru to be
deleted by the Commission and underline text to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements within the City Engineer's letter dated August 9, 2000 and
October 4, 2000.
2. Provide a revised preliminary plat that delineates the proposed alignment of Arbor Ridge
Way extending from the parcel's southern boundary to Hill Road as a public right-of-way.
This portion of the roadway shall not be delineated or accepted as a private road.
3. Provide a revised preliminary plat (or verification) that clearly shows the cul-de-sacs having a
minimum 50-foot radius of right-of-way.
4. Provide a revised preliminary plat that delineates all building lots having a minimum of 35-
feet of street frontage.
5. Provide a revised preliminary plat that changes the width of the easement on the plat to 12-
feet.
6. All street sidewalks shall be separated from the curb a minimum of 8-feet to allow landscape
strips and trees to be planted between the sidewalks and the street.
7. Submit plans to the City for review and approval by the City Engineer for a pressurized
irrigation system in accordance with ECC Section 9-4-1-9 C, prior to City approval of a final
plat.
8. Provide a revised preliminary plat showing the required 75-foot buffer along the entire
eastern portion of the site abutting State Highway 55, either as a common lot or as an
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easement.
9. Provide a revised preliminary plat that achieves a minimum of lO-percent usable open space.
The parkway strip located between the roadway and detached sidewalk will not be included
as part of the calculated open space.
10. Provide a revised preliminary plat that delineates all lots to be a minimum of 1O,000-square
feet in area.
11. Useable amenities such as skateboard parks, picnic tables, gazebos, swing sets, basketball
courts, ball fields and/or similar amenities shall be provided within the open space areas.
Submit plans detailing viable amenities to be reviewed and approved by the Design Review
Board prior to the City processing the final plat.
12. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both side of all streets within this
development. Trees shall be placed at each lot corner with the distance between trees to be
no more than 80-feet or less than 35-feet. The trees shall be located in a landscape strip
between the sidewalk and the curb. Prior to the City Clerk signing the final plat for each
phase, the applicant shall either install the required trees, landscaping, and irrigation or
provide the City with a letter of credit for 150% of the cost of the installation of all landscape
and irrigation improvements within the 5-foot wide landscape strip.
13. 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".
14. Subdivision signage, common area, street trees, pathways, buffer areas, perimeter fencing,
etc. shall be reviewed and approved by the Design Review Board prior to City approval of
final plat.
15. Provide a 5-foot wide concrete meandering sidewalk along both sides the east side of the
entry roadway for this site, labeled Arbor Ridge Way on the preliminary plat. The 5-foot
wide sidewalk shall meander within a l5-l8-foot wide landscape strip and shall extend from
Hill Road to the intersection of Arbor Ridge Way and Honeysuckle Drive.
16. The applicant shall provide one stub street to the north property line of this site and one stub
street to the west property line of this site. Specific stub streets locations shall be determined
by the City of Eagle, ACHD, and the applicant.
17. Install a minimum 6-foot high fence along the north portion of this site (extending from the
western boundary of Echohawk Subdivision to the northwest corner of this site) and along
the western portion of this site (extending from Sadie Drive to the northwest corner of the
subdivision). Fencing details (ie materials, elevations) shall be reviewed and approved by the
Design Review Board prior to Citv approval of a final plat.
18. The Evan's Subdivision water blowout at the east end of Sadie Drive shall either be moved to
the outside of the roadway and be within the landscape area or a manhole for access shall be
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8.
provided.
19. The applicant shall construct a center turn lane on Hill Road prior to the City approving the
final plat for phase two. A maximum of 22-lots may be approved as part of the final plat for
phase one (unless the center turn has previously been constructed on Hill Road).
20. The developer shall work closely with the residences in Evans Subdivision in an attempt to
provide pedestrian pathways and bike lanes within that subdi vision.
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.
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.
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12.
See Eagle City Code Section 9-4-l-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 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.
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14.
15.
16.
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.
12.
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.
13.
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
(i.e.; 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.
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 storm drainage facilities, the covenants and restrictions, homeowner's association by-
laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be
reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the
final plat.
The applicant shall submit an application for Design Review, and shall obtain approval
for all required landscaping, common area and subdivision signage prior to the City
Engineer signing the final plat.
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23.
24.
25.
27.
17.
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.
18.
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.
19.
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".
20.
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.
21.
The development shall comply with the Boise River Plan (if applicable) in effect at the
time of City Council consideration of the final plat.
22.
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.
Any changes to the plans and specifications upon which this approval is based, other than
those required by the above conditions, will require submittal of an application for
modification and approval of that application prior to commencing any change. Any
change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest submits application to the City of Eagle for a change to the planned
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29.
30.
31.
use of the subject property.
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 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 July 6, 2000.
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 August 11, 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 August
11, 2000. Requests for agencies' reviews were transmitted on July 18, 2000 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-lO-OO, Arbor Ridge
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
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Code Title 9, as shown within the findings provided within this document and since
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.
DATED this 4th day of December, 2000.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
hQ{~, -~~
-'" Shar6n Moore, Eagle City lerk
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Page 18 of 18
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