Findings - CC - 2000 - PP-13-00 - Williamsburg Subd(Form Phase 11 Lex Hills)
OR(GtNAl
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR WILLIAMSBURG
SUBDIVISION
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-13-00
The above-entitled rezone application came before the Eagle City Council for their action on
December 19,2000. 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;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Marty Camberlango is requesting preliminary plat approval for Williamsburg
Subdivision, a re-subdivision of Benchmark Subdivision, (formerly Phase 11 of
Lexington Hills Subdivision and Morning Meadows Manufactured Home
project). The 9.83-acre, 61-lot subdivision is located approximately Y2 mile north
of Floating Feather Road, abutting Hwy 55 on the west and Horseshoe Bend Road
on the East.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 17, 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 September 30,2000. 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 September 29,2000. Requests
for agencies' reviews were transmitted on August 24,2000, in accordance with
the requirements of the Eagle City Code.
D.
HISTORY OF PREVIOUS ACTIONS:
On August 26, 1997, the Eagle City Council approved the final plat (FP-4-97) for
Lexington Hills Subdivision Phase 11 (also known as Benchmark Subdivision).
The staff report for this item is attached.
On March 25, 1999, the Eagle Design Review Board approved the design review
(DR-23-97) for a 56-space manufactured home park as part of Lexington Hills
Subdi vision Phase 11.
Page 1 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Residential Three R-2-P (Residential) Partially improved
subdivision
(up to 3-units per acre)
Proposed No Change R-2-P (Residential) Residential
North of site Residential Estates (up R-E (Residential Estates) Residential
to I-unit per 2-acres) &
Residential Two (up to
2-units per acre)
South of site Residential Four (up to R-4 (Residential) Residential
4-units per acre)
East of site Not in Eagle Area of Ada County Designations: Skateboard Park &
Impact C-2 (Commercial) and RR salvage yard
(I-unit per 10 acres max.)
West of site Residential Three (up R-2-P (Residential) Residential
to 3-units per acre)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 9.83-acres
Total Number of Lots - 61
Residential - 58
Commercial - 0
Industrial - 0
Common - 3 (I lot is for a private road)
Total Number of Units -
58 (maximum) - includes a combination of Single-family, duplexes, and triplexes
Total Acreage of Any Out-Parcels - 0
Page 2 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 5.90-units 7-units per acre maximum
(per Lexington Hills PUD
approval)
Minimum Lot Size 4,200 S.P. 4,200 S.P.
Minimum Lot Width 42-feet 42-feet
Minimum Street Frontage 26-feet 35-feet
Total Acreage of Common Area 1. 17-acres .98-acres
Percent of Site as Common Area 11.88% 10%
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
To date, a landscape plan has not been submitted for this current project.
Eagle City Code Section 8-2A-7 (J)(4)(a) requires a minimum 35-foot wide
landscape buffer area between urban collectors and new residential developments.
This would apply to the area abutting Horseshoe Bend Road
In addition, 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. This would apply to the area adjacent to State Highway
55.
Berming, fencing and landscaping details are required for Design Review Board
review and approval prior to City approval of a final plat
Open Space:
The applicant is proposing approximately 1.17 -acres for open space. A portion of
the space is to accommodate storm water runoff from the private streets. It does
not appear that any amenities for usable space are proposed at this time.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance will have to 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.
Page 3 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
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: No (A sewer system was previously installed within the site).
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site that would be
required to be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site that 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:
24-foot wide private roadways for a portion of the subdivision were previously
approved and constructed with the Benchmark subdivision. The remainder of the
improvements should be completed prior to the issuance of any building permits
within that phase.
Applicant's Justification for Private Streets:
None provided. The roadways within this site were previously approved as
"driveways" as a part of the Benchmark Subdivision since they did not provide
access to properties of separate ownership. The roadways will have to meet the
findings for private streets as outlined in ECC Section 9-3-2-5 since they will be
providing access to properties under separate ownership (as indicated with this
proposed preliminary plat).
Blocks Less Than 500': none
Cul-de-sac Design:
The cul-de-sac is approximately 140-feet long and terminates at a semi-circular
Page 4 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
turnaround with a 45-foot radius within 50-feet right-of-way.
Sidewalks:
4-foot wide sidewalks have been constructed abutting that portion of the private
roadway previously built. Sidewalks are proposed for the remainder of the private
roadway to be constructed. Also, the Ada County Highway District is requiring
the applicant to construct a lO-foot wide asphalt pathway on Horseshoe Bend
Road abutting the parcel.
Curbs and Gutters:
The design for curbs and gutters shall meet those standards as set forth by the City
Engineer for the interior streets not yet constructed.
Lighting:
Lighting for the proposed 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 been
received. However, one street is required to be renamed due to duplication and
shall be renamed prior to City Clerk signature of the final plat.
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.
PUBUC USES PROPOSED: none
M.
PUBUC 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 - yes, abutting Horseshoe Bend Road and State Highway 55.
Stream/Creek: no
Page 5 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
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:
City Engineer: The Engineer's letter dated August 22, 2000 states there are no
engineering issues remaining as the plans were previously approved with the Benchmark
Subdivision. (see attached).
Ada County Highway District
Ada County Street Name Committee
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Q.
LETTERS FROM THE PUBLIC: None received to date.
R.
GENERAL STANDARDS FOR APPROVAL OF PRIV A TE 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;
Page 6 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
7. The use or alignment of the private street does not interfere with the continuity of
public streets; and
8. An appropriate mechanism has been established for the repair and maintenance of
the private street, including provisions for the funding thereof.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WIllCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
Chapter 6 - Land Use
6.7 - Implementation Strategies
p. Encourage a variety of housing through such mechanisms as PUD's in
subdivisions including large lot subdivisions.
Chapter 10 - Housing
10.2 - Goal
Encourage a variety of housing so that all residents can choose sound, affordable
homes that meet individual needs.
10.3 - Implementation Strategies
a. A wide diversity of housing types and a choice between ownership and
rental dwelling units will be encouraged for all income groups.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
.
Section 8-2A- 7 (J)(4)(a)
Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets
classified as collectors, arterials, freeways, or expressways, to protect residential
communities from noisy, potentially dangerous, high-speed roads. The buffer area
shall be defined as the distance from the outside wall of the lowest story of any
single-family attached or detached dwelling and the right-of-way line of the
roadway. The lowest story must be screened from the view of any street classified
as a collector, arterial, freeway, or expressway. This buffer is required either on
individual lots or as an easement, or as part of the common open space owned and
maintained by a homeowners' association. Any landscaping proposed to be within
the public right of way shall not be included as a part of the buffer area required
Page 7 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
below. The height for berming/fencing, as noted below, shall be measured from
the elevation of the final grade of the adjacent roadway (measured at the
centerline) to the top of the proposed berming/fencing. The required buffer area
width, plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the AP A Functional Street
Classification Map:
A minimum of thirty five feet (35') 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: four (4) shade trees, five (5) evergreen 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 five foot (5') high, maximum eight foot (8') 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 (I') 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, an
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 five foot (5') minimum height requirement for the berming/fencing shall
be permitted to be decreased one foot (1') for every thirteen feet (13') of
additional buffer area added to the thirty five foot (35') wide buffer noted
above.
.
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
Page 8 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
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 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)
c.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Section 9-3-2-5 (B) (4)
All private streets shall, during the progress of construction, be inspected and
tested, at the expense of the owner or developer, by a qualified inspector in order
to ensure compliance with the construction and design standards set forth in this
Section, the construction drawings as prepared by the registered professional
engineer, and good engineering and construction practices. Reports of such
inspections and tests shall be submitted, together with a certification of such
compliance, for the review and approval by the City Engineer. An informational
copy of the report shall be provided to ACHD.
.
Section 9-3-2-5 (C) (1)
A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost
estimate thereof prepared by a licensed professional engineer in the State, together
with a proposed method for funding the same, including, but not limited to, the
creation and maintenance of a reserve fund for that purpose, shall be submitted to
the City Council for review and approval prior to execution of the final plat by the
City.
.
Section 9-3-2-5 (C) (2)
The location of the private street shall be clearly depicted on the face of the plat
and notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the
private street the perpetual right of ingress and egress over the described
private street;
b. Provide that such perpetual easement shall run with the land; and
Page 9 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
c. Provide that the restrictive covenant for maintenance of the private street
cannot be modified and the homeowners'/property owners' association or other
entity cannot be dissolved without the express consent of the City.
.
Section 9-2-3-5 (C) (3)
A restrictive covenant for repair and maintenance of the private street shall be
recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private street in accordance with
the approved plan as provided for in subsection Cl of this Section. Said restrictive
covenant shall also provide that the said covenant shall run with the land and that
the said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the
City. The said restrictive covenant shall be reviewed and approved by the City
Attorney prior to certification and signing of the final plat by the City Engineer.
D.
DISCUSSION:
.
When the City Council approved the Lexington Hills Planned Unit Development
(PUD), conditional use, preliminary plat and rezone, this phase was shown as a
"Future Mobile Home Area" to be built out at 7 dwelling units per acre. (The
applicant is proposing 5.9 dwelling units per acre). A condition within the March
18, 1991 Council Findings for the Lexington Hills PUD states, "Mobile Home site
(shall) be addressed before Council prior to approval of a final plat; Council
reserves a decision on this portion of the project"
.
This site was previously approved as a one-lot subdivision (Benchmark
Subdivision) and was partially constructed with the intent to lease building
"spaces" for single-family residence manufactured homes. The difference
between the previously approved 56-space manufactured home project/one lot
subdivision and this proposed 58-lot subdivision is that the lots within this
development may be sold to homeowners. Formerly, the spaces could only be
leased and individual ownership of the space occupied by the home was not
possible.
.
A 6-foot high (approx.) cedar fence was previously constructed around the
perimeter of this site without prior City approval of a design review application.
As noted by past City actions regarding fences in buffer areas (i.e. Lexington Hills
East, Brookwood, Feather Nest Estates, The Colony, Great Sky Estates, Banbury
Meadows) the City has limited fencing styles to vinyl, block, cultured stone, etc.,
and has not approved "dog eared" cedar fences. Further, ECC Section 8-2A-7
(J)(4)(a, b, c) states in part that a berm, panelized vinyl fence, decorative block
wall or cultured stone, decorative rock, or similarly designed concrete wall, or
Page 10 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
combination thereof shall be provided within the buffer area. This section clearly
excludes cedar fences.
In addition, the applicant should provide a landscape plan showing benning,
fencing, and planting details within the required 35-foot and 75-foot wide buffer
areas required along the roadways abutting this site for review and approval by the
Design Review Board prior to City approval of a final plat. The buffers should be
shown on the preliminary plat either as common lots or as easements.
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 made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
The Commission recommended denial (4 aye, one absent) of PP-13-00 for a Preliminary Plat for
Williamsburg Subdivision because the subdivision does not meet the required landscape buffers
along both new and old State Highway 55.
Note: To gain approval the Commission suggests that the subdivision include a minimum of 75
feet of buffer along new State Highway 55 and the required 35 feet along old State Highway 55
may be met with an alternate method of compliance.
PUBLIC HEARING OF THE CITY COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on December 19,
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 Eagle City Council by no
one.
C. Oral testimony in favor of this proposal was presented to the Eagle City Council by no one
other than the applicant and their representative.
Page 11 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
COUNCIL DECISION:
The City Council voted 4 to 0 to approve PP-13-00 for a Preliminary Plat for
Williamsburg Subdivision with the following site specific conditions of approval and
standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all remaining applicable requirements of the City Engineer.
2. Provide a revised preliminary plat showing all lots having a minimum of 35-feet of street
frontage, specifically Lots 24 and 42.
3. A private street review fee is required to be paid to the City and all private street construction
plans are required to be submitted to the City, prior to the City processing the final plat
application. The private street application fee is $1,225.00 based on the proposed street
being 2,170-feet in length.
4. Place a note on the final plat stating that all lots shall have perpetual public ingress/egress
access over the private road to the public streets.
5. Provide an informational copy of the private street inspections and tests for review and
approval by the City Engineer prior to the City Engineer signing the final plat.
6. Provide the plan and schedule for the future repair and maintenance of the private streets and
drainage facilities for review and approval by the City Engineer prior to the City Clerk
signing the final plat.
7. Place a note on the final plat stating that this subdivision shall comply with all applicable
provisions of the Lexington Hills Planned Unit Development previously approved by the City
of Eagle.
8. Provide documentation showing how this development will remain under the control of the
Lexington Hills Homeowners Association (as required as part of the approval for Lexington
Hills PUD, Eagle City Code, and Idaho Code).
9. Provide a revised street name list from the Ada County Street Name Committee approving all
of the proposed names. Those names shall be stated on the plat prior to the City Clerk
signing the final plat.
10. The applicant shall be allowed to construct fencing on both the eastern and western property
lines. Design Review Board approval of an alternate method of compliance for fence location
is required prior to City approval of a final plat.
11. Submit plans for Design Review with a request for an alternative method of compliance
delineating 20-foot wide landscape buffers along the western and eastern boundaries of the
Page 12 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
site, prior to City approval of a final plat.
12. Provide a license agreement from ITD approving of the landscaping located within the public
right-of-way at the north end of the site and landscape said right-of-way. The landscaping
shall be similar to the existing landscaping located on the western side of State Highway 55
(Lexington Hills). Submit plans to Design Review Board for review and approval, prior to
the City Clerk signing the final plat.
13. Provide a license agreement from ACHD approving of the landscaping located within the
public right-of-way abutting a portion of the eastern boundary of the site and landscape said
right-of-way. Submit plans to Design Review Board for review and approval, prior to the
City Clerk signing the final plat.
14. Provide a 5-foot wide landscaped and maintained buffer strip along the entire southern
boundary of the site.
15. Submit plans to the Design Review Board for review and approval for a clubhouse or other
recreational opportunities for the proposed open space prior to the City Clerk signing the
final plat.
16. Place a note on the plat stating that single-family dwelling units along the southern boundary
of the subdivision parcel shall be single story only.
17. All building plans shall be submitted to the Design Review Board for review and approval,
with the general architecture to be in the "Williamsburg" (Colonial) style.
18. The subdivision shall be subject to the following minimum setbacks:
a. The perimeter lots bounded by the eastern and western subdivision boundary lines shall
have a minimum 25-foot rear yard setback.
b. The perimeter lots bounded by the southern subdivision boundary line shall have a
minimum 20-foot rear yard setback.
c. All lots other than those referenced in (a) and (b) above shall have a minimum rear
yard setback of 15-feet, except for Lot 60, Block 1 which shall have a minimum rear
yard setback of lO-feet.
d. The front yard setback shall be a minimum of 18-feet as measured from the back of the
sidewalk to the garage and a minimum of lO-feet as measured from the back of the
sidewalk to the living area.
e. The side yard setbacks shall be a minimum of 5-feet to provide for maintenance except
that townhouse units may be permitted to have common walls on interior lot lines.
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
Page 13 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
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 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.
Page 14 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
10.
11.
13.
14.
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.
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.
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.
Page 15 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
15.
16.
17.
18.
20.
b.
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.
c.
d.
The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building permit.
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.
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.
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
Page 16 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
21.
22.
23.
24.
25.
26.
regulations at the time of issuance of the building permit or as specifically approved
and/or required".
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.
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.
27.
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
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
Page 17 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
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.
31.
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 17, 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 September 30, 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 September
29,2000. Requests for agencies' reviews were transmitted on August 24,2000 in accordance
with the requirements of the Eagle City Code.
3. Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on December 2, 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 November 28,
2000.
4. 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-13-00 Williamsburg
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 commercial use is in accordance with the commercial 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
Page 18 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
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.
DATED this 23rd day of January 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
,
.1
11 r...+-u--- it... ~ (~
- Sharo~ Moore, Eagle City C erk
Page 19 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc